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Impaired Driving Safety Commission And Legislation To Begin The Assault On Cannabis And Driving.


bobandtorey

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AGENDA:

HB 5024 (Rep. Lucido)   Crimes; intoxication or impairment; impaired driving safety commission; create.

SB 207  (Sen. Jones)    Crimes; intoxication or impairment; operating a motor vehicle under the influence of alcohol or a controlled substance, or both; amend certain definitions and procedures.

SB 434  (Sen. Casperson)        Law enforcement; investigations; pilot program to use preliminary drug testing at roadside stop; create.

SB 629  (Sen. Jones)    Children; parental rights; termination of parental rights to a child; expand to include forcible rape where child results.

OR ANY BUSINESS PROPERLY BEFORE THIS COMMITTEE

To view text of legislation go to:
 http://www.legislature.mi.gov/mileg.aspx?page=CommitteeBillRecord

 

Judiciary, Rep. Klint Kesto, Chair

DATE: Tuesday, February 9, 2016

TIME: 12:00 PM

PLACE: Room 521, House Office Building, Lansing, MI

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Legalization-of-Marijuana-and-Driving-e1


by Rick Thompson/Feb. 5, 2016


LANSING-  A bill sponsored by Rep. Peter Lucido looks to expand government by creating another Commission, this time one which would establish a THC nanogram limit for drivers on Michigan’s roadways.


Rep. Lucido’s bill will be heard in Committee on Tuesday, Feb. 9 at noon in the House Judiciary Committee. The bill’s purpose, per the language of HB 5024, is:



The commission shall research and recommend a scientifically supported threshold of THC bodily content to provide evidence for per se impaired driving in this state. The commission shall exist until it submits the final report to the governor, senate majority leader, and speaker of the house of representatives required under section 4.


The bill was introduced in late October of 2015. Rep. Lucido has no co-sponsors for this legislation.


The Commission would be composed of 16 appointees selected by the Governor, including the director of the Michigan State Police; one physician; one forensic toxicologist; one registered medical marijuana patient; one professor from 3 different public research 26 universities; and others to be named later.


Not just any patient can serve on the Commission, either. Your reputation must be sterling sharp to qualify- and the standard bars anyone who has ever been ARRESTED for drugs in any location, anywhere in the entire United States of America. Per the bill: “An individual not possessing good moral character, or who has been charged with a felony or misdemeanor criminal charge involving a controlled substance, theft, dishonesty, or fraud under the laws of this state, another state, the United States, or a local ordinance substantially corresponding to the laws of this state, is not eligible to serve on the commission.”


The subjective nature of a determination of a person’s “good moral character” is certainly not well-placed in the office of current Governor, Rick Snyder, who is embattled with questions surrounding his moral character in reference to the Flint water crisis.


Even before the Commission is called, the task set before them defies scientific method. Instead of calling for a panel to determine if a per se limit is necessary in Michigan, the goals of the Commission are to “review and analyze research and state laws, in this state and other states, relating to THC bodily content thresholds that provide evidence for per se impaired driving.” (emphasis added)


They are directed to “Fund a research program at a public research university to determine the appropriate threshold of THC bodily content to provide evidence for per se impaired driving… Collect and analyze information regarding marihuana- induced impaired driving and THC bodily content impairment thresholds.” (emphasis added)


The Commission must file their final report no later than July 1, 2017, whether the scientists have completed their research program or not.


 


read more here


http://thecompassionchronicles.com/2016/02/05/michigans-new-impaired-driving-safety-commission-introduced-in-h-b-5024/


 


Read the full text of HB 5024 HERE.

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Holy Schit. It's like I have been saying for years. Republicans are not for "less government". They are for "less of YOUR government" and for "more of their government" (i.e. more abortion controls, more drug controls, more moral controls in general).

 

They are the friggin Taliban in designer suits and neckties.

 

Ugh...

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Well IMHO the Bill's never had a chance up against the people that showed up  today and we Killed them it was a cold day in Lansing weather wise 

 

Thanks to everyone that showed their surport for Patients

 

Job well done   

More Blow by Blow details to come by someone else 

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i think we all need to be present at these meetings...

 

anyone wanna carpool?

 

i sincerely do NOT want the state passing any crap law about how much THC can be in my system before i am safe to drive.... i guarantee they will NOT get it right and a whole lot of people will suffer needlessly because they feel they need a set a legal impairment level.

 

cannabis DOES NOT WORK THAT WAY.

 

you do not have the same impairment factors present that you find in other narcotics.

 

it is in a class of its own.

 

that being said - if they want to regulate cannabis and driving I INSIST they do the same for all opiates prescription or not.

 

it's ignorant enough that they are fining people for illegal transport...i mean come on... if your cannabis is in your pocket then you are NOT CURRENTLY ingesting it...

it makes absolutely no sense to force you to put it in the trunk while your in the car and then take it right back out again when you get where you are going...

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I think there should be a level set for every drug and every drug should be kept in the trunk, especially caffeine.  It makes some people way too fidgity and angry causing road rage.  I think they should also have a test for your anger level.  If there is traffic I have seen people , who i assume are not on drugs, act in a manner conducive to causing accidents much more so than anyone I've seen in traffic on drugs.  Also all makeup should be in a locked case in the trunk.  Too many women don't get that stuff on before driving.  And electric razors, they should all be in the trunk.  And cell phones.  And ice cream or any food, eating while driving can cause accidents.  And cigarettes, if your looking for the ashtray you aren't looking at the road.  And books, they can be tempting and if you are reading while driving, oh and computers, we don't want anyone watching movies, oh and stereos.  Music is distracting and if your messin with the stereo.  What else can we add to this?

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Thank You to the Authors of the MMMP

 

We have the Best and Stongest MMJ Law in the country.

 

The fknrepublicans are attacking us at every turn, chipping away at our rights and stifling the will of the people.

 

Call , write, get petition signatures, rally, protest, boycott and most important VOTE every republican out.

 

The authors gave us a solid law to build a foundation upon but it is ultimately up to us to follow thru and protect ourselves from the jackbooted thugs.

 

We need to stand up and stand together.

 

Bernie Sanders / Abrogate. 2016

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i think we all need to be present at these meetings...

 

anyone wanna carpool?

 

i sincerely do NOT want the state passing any crap law about how much THC can be in my system before i am safe to drive.... i guarantee they will NOT get it right and a whole lot of people will suffer needlessly because they feel they need a set a legal impairment level.

 

cannabis DOES NOT WORK THAT WAY.

 

you do not have the same impairment factors present that you find in other narcotics.

 

it is in a class of its own.

 

that being said - if they want to regulate cannabis and driving I INSIST they do the same for all opiates prescription or not.

 

it's ignorant enough that they are fining people for illegal transport...i mean come on... if your cannabis is in your pocket then you are NOT CURRENTLY ingesting it...

it makes absolutely no sense to force you to put it in the trunk while your in the car and then take it right back out again when you get where you are going...

 

 

Judiciary, Rep. Klint Kesto, Chair

DATE: Tuesday, February 9, 2016

 

sorry you missed it 

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I think there should be a level set for every drug and every drug should be kept in the trunk, especially caffeine.  It makes some people way too fidgity and angry causing road rage.  I think they should also have a test for your anger level.  If there is traffic I have seen people , who i assume are not on drugs, act in a manner conducive to causing accidents much more so than anyone I've seen in traffic on drugs.  Also all makeup should be in a locked case in the trunk.  Too many women don't get that stuff on before driving.  And electric razors, they should all be in the trunk.  And cell phones.  And ice cream or any food, eating while driving can cause accidents.  And cigarettes, if your looking for the ashtray you aren't looking at the road.  And books, they can be tempting and if you are reading while driving, oh and computers, we don't want anyone watching movies, oh and stereos.  Music is distracting and if your messin with the stereo.  What else can we add to this?

 

 

Very good points

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Thank You to the Authors of the MMMP

 

We have the Best and Stongest MMJ Law in the country.

 

The fknrepublicans are attacking us at every turn, chipping away at our rights and stifling the will of the people.

 

Call , write, get petition signatures, rally, protest, boycott and most important VOTE every republican out.

 

The authors gave us a solid law to build a foundation upon but it is ultimately up to us to follow thru and protect ourselves from the jackbooted thugs.

 

We need to stand up and stand together.

 

Bernie Sanders / Abrogate. 2016

Wish you where their 

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Only 4 of us showed up... 4!!!

 

Be afraid people be very very afraid.

 

Then, get angry and write your legislators in opposition.

 

I think that Robinson and Irwin at least are not on board with this.

 

The thought that this idea can be implemented into an act w/ out

any fukking science is appalling. 

 

And... Senator Jones is indeed the evil incarnate, have no doubt peeps.

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http://www.legislature.mi.gov/documents/2015-2016/billintroduced/House/htm/2015-HIB-5024.htm

 

At the bottom it states the date of implimentation of Sec. 1 as being Jan. 1, 2016.  Hu?

 

HOUSE BILL No. 5024

October 27, 2015, Introduced by Rep. Lucido and referred to the Committee on Judiciary.

 

     A bill to create the impaired driving safety commission; to

 

prescribe its powers and duties; to create the impaired driving

 

safety commission fund; to provide for use of the fund; and to

 

repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"impaired driving safety commission act".

 

     Sec. 2. As used in this act:

 

     (a) "Commission" means the impaired driving safety commission

 

created in section 3.

 

     (b) "Marihuana" means that term as defined in section 7106 of

 

the public health code, 1978 PA 368, MCL 333.7106, and includes all

 

of the following:

 

     (i) All parts of a Cannabis sativa L. plant, growing or not.

 


     (ii) The seeds or seedlings of a Cannabis sativa L. plant.

 

     (iii) The resin extracted from any part of a Cannabis sativa

 

L. plant.

 

     (iv) Every compound, manufacture, salt, derivative, mixture,

 

or preparation of a Cannabis sativa L. plant or its seeds or resin.

 

 

 

     © "THC" means delta-9-tetrahydrocannabinol acid.

 

     Sec. 3. (1) The impaired driving safety commission is created

 

within the department of state police.

 

     (2) The commission shall research and recommend a

 

scientifically supported threshold of THC bodily content to provide

 

evidence for per se impaired driving in this state. The commission

 

shall exist until it submits the final report to the governor,

 

senate majority leader, and speaker of the house of representatives

 

required under section 4.

 

     (3) Subject to subsection (4), the commission shall consist of

 

the following members appointed by the governor:

 

     (a) The director of the department of state police or his or

 

her designated representative from within the department of state

 

police.

 

     (b) One physician licensed under article 15 of the public

 

health code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     © One forensic toxicologist.

 

     (d) One qualified and registered patient under the Michigan

 

medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.

 

     (e) One professor from 3 different public research

 

universities in this state.

 


     (4) Only individuals meeting the qualifications under

 

subsection (3) who have significant experience or involvement in

 

studying marihuana, substance abuse, or impaired driving shall be

 

appointed to serve on the commission. An individual not possessing

 

good moral character, or who has been charged with a felony or

 

misdemeanor criminal charge involving a controlled substance,

 

theft, dishonesty, or fraud under the laws of this state, another

 

state, the United States, or a local ordinance substantially

 

corresponding to the laws of this state, is not eligible to serve

 

on the commission.

 

     (5) The governor shall appoint the members to the commission

 

within 90 days of the effective date of this act.

 

     (6) Members of the commission shall serve on the commission

 

unless or until a successor member is appointed by the governor.

 

     (7) If a vacancy occurs on the commission, the governor shall

 

make an appointment for the unexpired term in the same manner as

 

the original appointment.

 

     (8) The first meeting of the commission shall be called within

 

30 days after the members of the commission have been appointed.

 

The governor shall appoint 1 commission member to serve as the

 

commission chairperson. The chairperson shall serve as the

 

chairperson of the commission for the entirety of the commission's

 

term unless he or she is removed or resigns. If a chairperson is

 

removed or resigns, the governor shall appoint another member to

 

serve as chairperson.

 

     (9) Members of the commission shall serve without compensation

 

but shall be reimbursed for their actual and necessary expenses

 


incurred in the performance of their official duties as members of

 

the commission.

 

     (10) The governor may remove a member of the commission for

 

incompetence, dereliction of duty, malfeasance, misfeasance, or

 

nonfeasance in office, or for any other good cause.

 

     (11) A majority of the members of the commission constitute a

 

quorum for the transaction of business at a meeting of the

 

commission. A majority of the members present and serving are

 

required for official action of the commission.

 

     (12) The commission shall establish its own procedures and

 

requirements with respect to quorum, place and conduct of its

 

meetings, and other matters. The procedures established by the

 

commission shall at a minimum prescribe the requirements for

 

attendance at commission meetings by members, how meetings shall be

 

conducted, and any policies necessary to carry out the powers and

 

duties of the commission under this act. The procedures established

 

by the commission under this act shall be printed in an appropriate

 

manual and made available to the governor, the senate majority

 

leader, and the speaker of the house of representatives.

 

     (13) The business that the commission may perform shall be

 

conducted at a public meeting held in compliance with the open

 

meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (14) A writing prepared, owned, used, in the possession of, or

 

retained by the commission in the performance of an official

 

function is subject to the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246.

 

     Sec. 4. The commission shall do all of the following:

 


     (a) Identify sources for grants to assist in defraying the

 

cost of researching the effects of marihuana on driving.

 

     (b) Fund a research program at a public research university to

 

determine the appropriate threshold of THC bodily content to

 

provide evidence for per se impaired driving.

 

     © Collect and analyze information regarding marihuana-

 

induced impaired driving and THC bodily content impairment

 

thresholds.

 

     (d) Review and analyze research and state laws, in this state

 

and other states, relating to THC bodily content thresholds that

 

provide evidence for per se impaired driving.

 

     (e) File a final report with the governor, the senate majority

 

leader, and the speaker of the house of representatives regarding

 

its activities under this act. The commission shall file the report

 

not later than July 1, 2017. The report shall include, but not be

 

limited to, the results of the commission's research program,

 

recommendations for an appropriate threshold of THC bodily content

 

to provide evidence for per se impaired driving, and

 

recommendations for further legislative action.

 

     Sec. 5. (1) The impaired driving commission safety fund is

 

created within the department of treasury. The fund shall be

 

administered by the department of state police.

 

     (2) Creation of the impaired driving safety commission fund is

 

contingent upon appropriation of money to the fund.

 

     (3) The commission may apply for and obtain grants from any

 

source to carry out the purpose of this act. All funds received by

 

the commission are state funds and shall be appropriated as

 


provided by law.

 

     (4) Money in the impaired driving safety commission fund shall

 

be expended only upon appropriation and only in a manner to carry

 

out the purpose of this act. Money remaining in the fund at the

 

close of the fiscal year shall lapse to the general fund.

 

     Sec. 6. This act is repealed on the date the commission's

 

final report to the governor, the senate majority leader, and the

 

speaker of the house of representatives required under section 4 is

 

filed or on July 1, 2017, whichever occurs first.

 

     Enacting section 1. This act takes effect January 1, 2016.

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http://www.legislature.mi.gov/documents/2015-2016/billintroduced/House/htm/2015-HIB-5024.htm

 

At the bottom it states the date of implimentation of Sec. 1 as being Jan. 1, 2016.  Hu?

 

HOUSE BILL No. 5024

October 27, 2015, Introduced by Rep. Lucido and referred to the Committee on Judiciary.

 

     A bill to create the impaired driving safety commission; to

 

prescribe its powers and duties; to create the impaired driving

 

safety commission fund; to provide for use of the fund; and to

 

repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"impaired driving safety commission act".

 

     Sec. 2. As used in this act:

 

     (a) "Commission" means the impaired driving safety commission

 

created in section 3.

 

     (b) "Marihuana" means that term as defined in section 7106 of

 

the public health code, 1978 PA 368, MCL 333.7106, and includes all

 

of the following:

 

     (i) All parts of a Cannabis sativa L. plant, growing or not.

 

     (ii) The seeds or seedlings of a Cannabis sativa L. plant.

 

     (iii) The resin extracted from any part of a Cannabis sativa

 

L. plant.

 

     (iv) Every compound, manufacture, salt, derivative, mixture,

 

or preparation of a Cannabis sativa L. plant or its seeds or resin.

 

 

 

     © "THC" means delta-9-tetrahydrocannabinol acid.

 

     Sec. 3. (1) The impaired driving safety commission is created

 

within the department of state police.

 

     (2) The commission shall research and recommend a

 

scientifically supported threshold of THC bodily content to provide

 

evidence for per se impaired driving in this state. The commission

 

shall exist until it submits the final report to the governor,

 

senate majority leader, and speaker of the house of representatives

 

required under section 4.

 

     (3) Subject to subsection (4), the commission shall consist of

 

the following members appointed by the governor:

 

     (a) The director of the department of state police or his or

 

her designated representative from within the department of state

 

police.

 

     (b) One physician licensed under article 15 of the public

 

health code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     © One forensic toxicologist.

 

     (d) One qualified and registered patient under the Michigan

 

medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.

 

     (e) One professor from 3 different public research

 

universities in this state.

 

     (4) Only individuals meeting the qualifications under

 

subsection (3) who have significant experience or involvement in

 

studying marihuana, substance abuse, or impaired driving shall be

 

appointed to serve on the commission. An individual not possessing

 

good moral character, or who has been charged with a felony or

 

misdemeanor criminal charge involving a controlled substance,

 

theft, dishonesty, or fraud under the laws of this state, another

 

state, the United States, or a local ordinance substantially

 

corresponding to the laws of this state, is not eligible to serve

 

on the commission.

 

     (5) The governor shall appoint the members to the commission

 

within 90 days of the effective date of this act.

 

     (6) Members of the commission shall serve on the commission

 

unless or until a successor member is appointed by the governor.

 

     (7) If a vacancy occurs on the commission, the governor shall

 

make an appointment for the unexpired term in the same manner as

 

the original appointment.

 

     (8) The first meeting of the commission shall be called within

 

30 days after the members of the commission have been appointed.

 

The governor shall appoint 1 commission member to serve as the

 

commission chairperson. The chairperson shall serve as the

 

chairperson of the commission for the entirety of the commission's

 

term unless he or she is removed or resigns. If a chairperson is

 

removed or resigns, the governor shall appoint another member to

 

serve as chairperson.

 

     (9) Members of the commission shall serve without compensation

 

but shall be reimbursed for their actual and necessary expenses

 

incurred in the performance of their official duties as members of

 

the commission.

 

     (10) The governor may remove a member of the commission for

 

incompetence, dereliction of duty, malfeasance, misfeasance, or

 

nonfeasance in office, or for any other good cause.

 

     (11) A majority of the members of the commission constitute a

 

quorum for the transaction of business at a meeting of the

 

commission. A majority of the members present and serving are

 

required for official action of the commission.

 

     (12) The commission shall establish its own procedures and

 

requirements with respect to quorum, place and conduct of its

 

meetings, and other matters. The procedures established by the

 

commission shall at a minimum prescribe the requirements for

 

attendance at commission meetings by members, how meetings shall be

 

conducted, and any policies necessary to carry out the powers and

 

duties of the commission under this act. The procedures established

 

by the commission under this act shall be printed in an appropriate

 

manual and made available to the governor, the senate majority

 

leader, and the speaker of the house of representatives.

 

     (13) The business that the commission may perform shall be

 

conducted at a public meeting held in compliance with the open

 

meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (14) A writing prepared, owned, used, in the possession of, or

 

retained by the commission in the performance of an official

 

function is subject to the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246.

 

     Sec. 4. The commission shall do all of the following:

 

     (a) Identify sources for grants to assist in defraying the

 

cost of researching the effects of marihuana on driving.

 

     (b) Fund a research program at a public research university to

 

determine the appropriate threshold of THC bodily content to

 

provide evidence for per se impaired driving.

 

     © Collect and analyze information regarding marihuana-

 

induced impaired driving and THC bodily content impairment

 

thresholds.

 

     (d) Review and analyze research and state laws, in this state

 

and other states, relating to THC bodily content thresholds that

 

provide evidence for per se impaired driving.

 

     (e) File a final report with the governor, the senate majority

 

leader, and the speaker of the house of representatives regarding

 

its activities under this act. The commission shall file the report

 

not later than July 1, 2017. The report shall include, but not be

 

limited to, the results of the commission's research program,

 

recommendations for an appropriate threshold of THC bodily content

 

to provide evidence for per se impaired driving, and

 

recommendations for further legislative action.

 

     Sec. 5. (1) The impaired driving commission safety fund is

 

created within the department of treasury. The fund shall be

 

administered by the department of state police.

 

     (2) Creation of the impaired driving safety commission fund is

 

contingent upon appropriation of money to the fund.

 

     (3) The commission may apply for and obtain grants from any

 

source to carry out the purpose of this act. All funds received by

 

the commission are state funds and shall be appropriated as

 

provided by law.

 

     (4) Money in the impaired driving safety commission fund shall

 

be expended only upon appropriation and only in a manner to carry

 

out the purpose of this act. Money remaining in the fund at the

 

close of the fiscal year shall lapse to the general fund.

 

     Sec. 6. This act is repealed on the date the commission's

 

final report to the governor, the senate majority leader, and the

 

speaker of the house of representatives required under section 4 is

 

filed or on July 1, 2017, whichever occurs first.

 

     Enacting section 1. This act takes effect January 1, 2016.

 

 

 

 Thank you

 

Gee your good

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