Drugged
Driving:
No
Conviction
Based
Just
on
Marijuana
Traces,
Michigan
Appeals
Court
Rules
7/29/05
https://stopthedrugwar.org/chronicle-old/397/michigan.shtml
The Michigan Court of Appeals
has held that prosecutors hoping to convict a woman of driving under the
influence of marijuana must prove she was actually intoxicated instead
of relying solely on a blood test that picked up trace THC metabolites.
With Michigan one of a dozen states that have newly passed drugged driving
laws, the ruling could be an early indicator that state courts are going
to make prosecutors actually prove impairment instead of allowing them
to win convictions merely on the basis of a drug test.
The
ruling came in the case of Delores Marie Derror of Traverse City, whose
vehicle slid into oncoming traffic on a snowy winter highway, killing one
woman and leaving two children paralyzed. Officers at the scene found
a case with several joints in Derror's purse, and she admitted smoking
marijuana some four hours before the accident. Derror tested negative
for THC, but came back positive for carboxy THC, a by-product left over
when THC is metabolized (a metabolite) that is detectable in the body long
after the marijuana high is gone. Prosecutors hoped that showing,
via the positive metabolite result, that Derror had smoked marijuana at
some previous point would be sufficient to win a drugged driving conviction.
But the Michigan Court of
Appeals ruled instead that a person must be impaired by a controlled substance
to be convicted under the statute and that carboxy THC is not a controlled
substance because it has no intoxicating effect. "Its presence in
the blood conclusively proves that a person ingested THC at some point
in time," the court's opinion noted. "However, carboxy THC itself
has no pharmacological effect on the body and its level in the blood correlates
poorly, if at all, to an individual's level of THC-related impairment.
In fact, carboxy THC could remain in the blood long after all THC was gone,
as THC quickly leaves the blood and enters the body's tissues."
In other words, if prosecutors
want to convict someone of drugged driving, they must actually prove that
person was impaired.
-- END --
Issue #397
-- 7/29/05
Editorial:
Clear
Thinking
|
The
Sensenbrenner
Effect:
Fear,
Firing,
and
Fallout
on
the
Hill
|
Congress:
House
Turns
Back
Repeal
of
Higher
Education
Act
Drug
Provision,
Battle
Returns
to
Senate
|
Meth
and
Myth:
Top
Doctors,
Scientists,
and
Specialists
Warn
Mass
Media
on
"Meth
Baby"
Stories
|
DRCNet
Book
Review:
"Breaking
Rank:
A
Top
Cop's
Expose
of
the
Dark
Side
of
American
Policing,"
by
Norm
Stamper
(2005,
Nation
Books,
396
pp,
$26.00
HB)
|
Weekly:
This
Week's
Corrupt
Cops
Stories
|
The
Feds:
DEA
Doesn't
Follow
Own
Rules
on
Snitches,
Inspector
General
Says
|
Methamphetamine:
Congressional
Drug
Warriors
Keep
Up
Pressure
on
Drug
Czar
|
Asia:
Plan
to
Legalize
Afghan
Opium
Production
Drawing
Attention
|
Search
and
Seizure:
Flex
Your
Rights
Provides
Citizens'
Guide
to
Refusing
New
York
Subway
Searches
|
Drugged
Driving:
No
Conviction
Based
Just
on
Marijuana
Traces,
Michigan
Appeals
Court
Rules
|
Media
Scan:
Time
and
New
York
Times
on
Pain,
Nadelmann
on
Controlling
Medical
Marijuana
|
Weekly:
This
Week
in
History
|
Job
Opportunity:
Outreach
Coordinator,
Students
for
Sensible
Drug
Policy
|
Weekly:
The
Reformer's
Calendar
|
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This issue -- single-file printer version
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