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Law Talk: Marijuana Laws In A State Of Confusion, According To Defense Lawyers


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GRAND RAPIDS, MI -- Michigan’s laws regarding marijuana are pretty hazy.

And the most recent ruling by the Michigan Court of Appeals about driving while under the influence of marijuana does little to clear the air.

Last week, the court ruled that the Michigan Medical Marijuana Act – a provision overwhelmingly approved by voters in 2008 – does not provide protection from prosecution under Michigan’s “zero tolerance” law for people driving with any amount of active marijuana in their blood.

When ingested – either by smoking or eating – the ingredient in marijuana that causes the person to feel stoned, a chemical compound commonly referred to as THC, breaks down into components. The active THC –which causes the “high” – is broken down fairly quickly.

There is no scientific consensus on how long THC remains in its active form, which is determined to have a psychoactive and analgesic effect on the person. A spokesperson for the Michigan State Police Lab said the agency has made no determination.

Most research gives a range of a couple to several hours, depending on whether someone is a frequent pot smoker. Hardly a reliable standard for the purposes of law.

The remaining component has no effect, but it remains in blood, urine and hair for days or many weeks for heavy users.

Some states have set standards for active THC in the blood or urine detected in a driver. Nevada and Ohio have a limit of two nanograms of THC per milliliter for driving, while Pennsylvania has a five-nanogram limit.

“It’s really an arbitrary standard,” said attorney Bruce Block who specializes in medical marijuana and so-called “drugged driving” cases. “But then so is the standard for drunk driving.”

However, Michigan is among about a dozen states that have set a “zero tolerance” standard for THC.

Related: Replay our live chat on medical marijuana in Michigan with legal expert Bruce Block

This sets a higher standard than for drunken driving, which allows for a limit of 0.08 percent blood alcohol, meaning that most people can have a drink or two and still legally drive.

“You can be popped for ‘drugged driving’ even if you’re driving just fine,” Block said.

Of course, while alcohol is legal for anyone 21 years or older to consume, the Michigan Medical Marijuana Act failed to legalize marijuana, so it remains a class-one narcotic under state and federal laws.

Michigan Attorney General Bill Schuette has made no secret of his opposition to medical marijuana and he has been vigorous in his prosecution of marijuana law violators.

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Michigan Attorney General Bill Schuette

There is an effort under way to legalize marijuana in Michigan, but it will require petitions with 500,000 signatures to put the issue on the ballot. The Committee for a Safer

Michigan posted Friday that it has not been able to establish a “ballpark guess” as to how many petitions have been filled out in anticipation of a July 1 deadline.

The petition language states “that no person shall be permitted to operate an aircraft, motor vehicle, motorboat, ORV, snowmobile, train, or other heavy or dangerous equipment or machinery while impaired by marijuana.”

Like the medical marijuana act, the petition to legalize contains no parameters when it comes to determining what would constitute impaired.

Even if it is legalized in Michigan, federal law enforcement can and -- if states with longer histories of medical marijuana decriminalization are any indication -- will prosecute under United States jurisdiction. The courts have held that the federal ban trumps state laws.

For the vast majority of Lansing lawmakers, any perception that they are “soft on crime” is considered political suicide. That perception makes it unlikely that any law that could be construed as weakening anti-drug laws will come from politicians in a perpetual state of campaigning.

There appears to be little chance that the legal smoke will clear anytime soon when it comes to marijuana in Michigan.

 

http://www.mlive.com/news/grand-rapids/index.ssf/2012/04/law_talk_marijuana_laws_in_a_s.html

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