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

[Alphabob]

Senate panel OKs Jones’ bill to crack down on drivers under the influence of drugs

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October 7, 2015

 

“As marijuana use becomes more prevalent, the instances of driving under the influence of controlled substances increases,” said Jones, R-Grand Ledge. “Just because you have a medical marijuana card doesn’t mean you can get high and drive. That is just as dangerous as getting behind the wheel after a night at the bar. This legislation makes it easier for law enforcement to crack down on high driving so we can help keep Michigan roads as safe as possible.”

 

http://www.senatorrickjones.com/senate-panel-oks-jones-bill-to-crack-down-on-drivers-under-the-influence-of-drugs/

 

See it's targeted at medical marijuana patients. What's the point of MMMA protections if they are not applied by LEO and a ton of patients just plead guilty to bogus charges anyways (or spend $3000+ on defense)? I still think sending mail/emails to congress is the best bet, and of course leaving out the specifics of MMMA section 7e so they don't try to change it. This would be worse than illegal transport, because they could target just about anyone. There would be no 100% safety net, its up the the officer and their mood that day. The MSC explains it better than any protections the MMMA directly affords; its just common sense that chronic users will test positive on these mouth swabs, which would mean medical patients can no longer operate motor vehicles.

[t-pain]

the point is, jones is a fuckhead. if you tell him to modify his bill for mmma, he will modify the mmma and add it to section 7.

 

which means no mmma patient will be able to drive.

 

at least here, the same with the dui case. patients who fight it will win and patients who dont fight it will lose.

[Alphabob]

They would have to rewrite significantly more of the MMMA beyond section 7e and Michigan constitution for it to have any real effect. What is also concerning is section 7d, where offering fraudulent information to LEO about the medical use of marijuana is an additional $500 fine. Combined with the any amount in this new roadside drug testing law equates to entrapment (you can't lie about having a card, having bud, when you last smoked, ect.).

 

Guess who else was one of the main players giving testimony in favor of the law… Ken Stecker, the scumbag who was essentially writing the new MSP policies to go after MMJ patients with fraudulent felony charges (synthetic THC). 

Edited February 29, 2016 by Alphabob

[mibrains]

They would have to rewrite significantly more of the MMMA beyond section 7e and Michigan constitution for it to have any real effect. What is also concerning is section 7d, where offering fraudulent information to LEO about the medical use of marijuana is an additional $500 fine. Combined with the any amount in this new roadside drug testing law equates to entrapment (you can't lie about having a card, having bud, when you last smoked, ect.).

 

Guess who else was one of the main players giving testimony in favor of the law… Ken Stecker, the scumbag who was essentially writing the new MSP policies to go after MMJ patients with fraudulent felony charges (synthetic THC). 

 

we cant lie about anything to LEO ever that is true - however keep in mind they can never force you to testify against yourself so you basically must plead the fifth and refuse to answer any question that might incriminate yourself.

[mibrains]

Do you have a link?

 

According to the version passed in senate, its a civil infraction for non-commercial vehicles and misdemeanor for commercial. They also do not need to offer it after field sobriety tests. Its "or reasonable cause to believe that a person has in his or her body any amount of a controlled substance listed in schedule I". Examples include the odor of marijuana, the officer noticing your Michigan medical marijuana card, you telling the officer that you have a Michigan medical marijuana card, previous arrests and convictions related to marijuana, ect.

 

conflicts with MMMA...

MISupreme court ruled any law that conflicts cannot stand.

they will have to modify the MMMA to make that happen.

 

http://www.legislature.mi.gov/%28S%28q2vguzmsnp2nsun4p3owc0m5%29%29/mileg.aspx?page=getObject&objectName=mcl-333-26426

(g) Possession of, or application for, a registry identification card shall not constitute probable cause or reasonable suspicion, nor shall it be used to support the search of the person or property of the person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any local, county or state governmental agency.

[Alphabob]

we cant lie about anything to LEO ever that is true - however keep in mind they can never force you to testify against yourself so you basically must plead the fifth and refuse to answer any question that might incriminate yourself.

 

There are some questions you have to answer depending on the situation. If there's any odor or they see something, you would probably want to show them your medical marijuana card or they will assume your not a patient. I've always used marijuana for medicinal purposes, but before having a card I was pulled over and the car definitely smelled. The officer asked if I had anything illegal, I said no and was on my way with a civil infraction later dropped to $100 fine and no points. Fast forward several years to one month after getting my card; I get hit with 3 misdemeanors because I told them I had a card (although they also had k9 so no choice). The irony... What I wouldn't tell them is where anything is located, when that last time you smoked was, what or how much you have, ect. But lets face it, if this law passes as is then an officer could assume you have even the smallest amount of THC in your body and request a swab. You don't even need to be intoxicated.

[Alphabob]

Some research I've compiled on previous attempts to pass roadside saliva testing laws in Michigan. The earliest attempt I could find was after the MMMA, with the aim moving from controlled substances to schedule I (and cocaine). The same arguments were made in 2010 as they are now in terms of how this law would affect medical marijuana patients, except now we have legal protection under People v Koon (in court and if you have $3000+). It is still concerning to see this bill making it further than its predecessors, especially when Rick Jones himself is claiming that it won't matter if you have a Michigan medical marijuana card or not.

 

MMMA Enacted (2008)

 

HB 6432 (2010) – Rick Jones

 

House Introduced Bill: Amended sections of “Michigan vehicle code”: 319d, 320a, and 625a (MCL 257.319d, 257.320a, and 257.625a); added definitions "Preliminary Chemical Analysis", “Immunochemical Assay” and “Preliminary Chemical Oral Fluids Analysis” (section 43a). Saliva testing; controlled substance; any detectable presence. Dead

 

People v Koon MSC Ruling (2013) – “Any amount” does not apply to MMMA patients.

 

HB 5385 (2014) – Dan Lauwers

 

House Introduced Bill: Amended sections of “Michigan vehicle code”: 625a, 625c, 625d, and 625g (MCL 257.625a, 257.625c, 257.625d, and 257.625g); added definitions for "Immunochemical Assay" and "Preliminary Chemical Analysis" (sections 20e and 43a). Saliva testing; any controlled substance; any amount.

 

Passed House: Saliva testing removed (Dead) with significant changes afterwards.

 

SB 207 (2015) – Rick Jones

 

Senate Introduced Bill: Amended sections of “Michigan vehicle code”: 43a and 625a (MCL 257.43a and 257.625a); changed definition “preliminary roadside analysis” to “preliminary chemical breath analysis”. Saliva testing; any controlled substance; any amount.

 

Bill as Passed by Senate: Added sections to “Michigan vehicle code”: 62a, 625r, and 625s. Saliva testing; Schedule I and cocaine; any amount.