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Plainsman1963

Court: Trace of pot is enough
Motorists can be charged even if not intoxicated
06-21-06 | Record-Eagle.Com | Patrick Sullivan

Any trace of marijuana in a driver's blood could mean stiff penalties after a crash if someone is injured and killed, even if the driver was not impaired, a sharply divided state Supreme Court ruled.

The decision came after the court considered two cases, including a Grand Traverse County case of a woman who lost control of her sport utility vehicle in snowy conditions on M-72 and crashed into a car. The crash killed a passenger in the car and left two girls, then 10 and 11 years old, paralyzed.

Delores Marie Derror faces charges of operating a vehicle under the influence of drugs causing death and three charges of causing serious injury.

In a reversal of a Court of Appeals decision that came last year, the Supreme Court in a 4-3 decision found that a metabolite of THC — the psychoactive substance in marijuana — found in a driver's blood is enough to support the charges, even though the THC metabolite does not indicate intoxication.

In a decision written by Justice Maura D. Corrigan and signed by justices Clifford W. Taylor, Robert P. Young, Jr., and Stephen J. Markman, the court found that the Legislature's intent was to criminalize driving with any amount of a schedule 1 controlled substance in a person's body.

"It is irrelevant that a person who is no longer 'under the influence' of marijuana could be prosecuted under the statute," Corrigan wrote. "If the Legislature had intended to prosecute only people who were under the influence while driving, it could have written the statute accordingly."

Grand Traverse County Prosecutor Alan Schneider said he was pleased the issue has been finally resolved.

"The THC metabolite was an ... issue that had not been addressed before, so our obligation was to litigate it fully and take it to the highest court and let them make a decision," he said.

"Now we will go back to where we were and it will be set for a trial."

The dissenting opinion, written by Justice Michael F. Cavanagh and signed by justices Elizabeth A. Weaver and Marilyn Kelly, called the majority's interpretation unconstitutional.

"This means that weeks, months, and even years after marijuana was ingested, and long after any risk of impairment has passed, a person cannot drive a car without breaking the law if a test can detect the presence of 11-carboxy-THC," Cavanagh wrote.

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"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards." - Claire Wolfe

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casketfour

the government is corrupt and the flags are all burning at the top of their poles

Frojoe

If i had a flag i would put it to half mast right now. I think the constitution is dying.

Indie

I'm afraid it is already dead. Freedom can no longer be regained via TheSystem, which is now far too corrupt. The tree has gone without "water" ["the blood of patriots and tyrants" -Jefferson] for far too long.

"Freedom and human rights in America are doomed. The U.S. government will lead the American people in -- and the West in general -- into an unbearable hell and a choking life."
--Osama bin Laden

"Prohibition...goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation and makes a crime out of things that are not crimes. A prohibition law strikes a blow at the very principles upon which our government was founded."
--- Abraham Lincoln December, 1840

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Law Enforcement Against Prohibition [LEAP]

bobmarleyfan

I am thinking about trying to become president someday, but Im not sure if thats the road I want to take in life.

But if I do...freedom shall reign supreme! No more corruption! The country will be given back to the people!

Too much for tonight...

 

Buzzby

"The System" hasn't even been tried yet, so I'd say it's a little early to say that it doesn't work, at least as regards marijuana and paraphernalia laws.

If there are 24,000,000 marijuana users in this country, then only 0.25% of them have bothered to join and contribute to the three major organizations that are attempting to "use the system" to get the laws changed. Their total budget is between $12,000,000 and $16,000,000 a year. (Most of that comes from a couple of billionaires.) By comparison, the ONDCP spends $120,000,000 each year on anti-marijuana TV spots alone. If marijuana users would spend 1% of what they put into weed and accessories into the legalization movement it would have $400,000,000 to work with every year.

Without adequate funding and member-base, these organizations are fighting an uphill battle in trying to educate the public and lobby representatives. It takes money to create media campaigns. It takes campaign contributions and a significant voter base to move politicians.

If "The System" doesn't work, what's your alternative? Revolution? That's pretty bloody-minded for a pot smoker. Personally, I'm not ready to start killing people ("the blood of patriots and tyrants") so I can blaze legally.

National Organization for the Reform of Marijuana Laws (NORML)

Marijuana Policy Project (MPP)

Drug Policy Alliance (DPA)

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Indie

Throwing money [which I have done ..MPP] will not work IMO. The WOD is all about profit for BigPharma, who lines the pockets of the whores in DC. They no longer represent "We The People," but the corporate fascist system.

These clowns will continue doing what they do; repudiating our freedoms at will as long as they can get away with it. Medical marijuana, even where OK, is overridden by the federal jackboots in violation of the Tenth Amendment.

The 2 party system is a fraud and so is any notion that the dRat party is any more inclined to be for outright legalization than the rRat party.

We can continue to fight amidst the System, but...lots of luck. What reason would a mainstream party Congresswhore have to come out in favor of total legalization? Political suicide. How many other freedoms have been revoked by the federal government since 9-11? I shouldn't have to give a long list. You can figure it out.
The corporate fascist system we have now ain't just about weed. It's only one casualty in a long list of chains being forged daily in DC for we the sheople.

casketfour

I apologize to those who have faith in the system but you WILL NOT i repeat WILL NOT successfully get CANNABIS legalized under any party Democratic or Republican - there is by far too much to be gained by either side in it's illegalization to date

Think of all those abscent minded brainwashed people stuck in mental illness therapy contributing to the national prescription drug factor
Do you know how many politicians recieve support from drug and pharmacutical companies?

How about the oil industry - as we all know Cannabis will make a CLEAN BURNING BIO FUEL

Tree pulp and paper industries - hello Current Chief of Staff!

Then there is Alcohol - A Major contributer to the governments wealth
Not to mention TOBACCO

These are all addictive substances that keep people under the governments tyrannous reign - to which without people might wake up and start actually thinking for themselves

the constitution states "and if ever the system becomes out of the best interest of the people, it is thereby their RIGHT to replace is with a system of MORAL agenda"

the FDA certainly DOES NOT care about what is MORALLY or even PHYSICALLY, MENTALLY OR SPIRITUALLY HEALTHY to people, or a vast amount of product in the capital market would not be widely available to mainstream market.

the legalization of CANNABIS will NO longer feed the dollars into the pockets of these power hungry politicians from all these independant systems which unfortunately keep the general population inside their little four corned boxes

WHERE IS THE OBJECTIONAL THINKING?

We haven't even ventured into the role the prison system is playing in all this, how much money does the government make off of CANNABIS and other drug related arrests? Not nearly as much as we as citezens PAY INTO to keep these people in prison - to which they are afforded no more help than they would recieve on the street - we only envelope and beat their subconciences farther down the well

What about war and the lies they feed us on a daily basis about how things are in the effort of antiterrorism but how we venture into other countries to no avail but the death and decay of society and our own mental health; the ability to make normal concise desicions for ourselves - Haditha should serve as a well made example

THIS COUNTRY DOES NOT DO THINGS IN THE INTEREST OF PEACE, AND BALANCE THEY DO NOT MAKE EFFORT TO PRESERVE LIFE ONLY TO PRESERVE CONTROL FOR THEIR REIGN TO MAKE SURE THEY ARE THE BIG SWINGING DICKS OF THE WORLD AND IT IS BY FAR OUT OF CONTROL

"government is for the people, BY THE PEOPLE"

This is not what I see when I look at our world.

Lothar121

Indie and Casket, are you two prepared to do what you are saying? I'm personally not going to join you on a crusade to overthrow the government. In fact, I would probably oppose you at this point. Sorry.

If there is ever going to be a success in marijuana legalization, it will come from the organizations Buzzby listed. If you think there are hardly any pot smokers that are up to donating, see how many less are willing to actively try to overthrow the government.

The reality is, we are stuck to work within the system, and that's the best method to attempt to change the way things are. You continue to say that the politicians will not change on this issue, yet we don't have to initially convince the politicians. The first step is to pass ballot initiatives. Once that is done, we can use the data that those states produce ($$$) to help convince others that legalization is the right thing to do.

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casketfour

""The System" hasn't even been tried yet, so I'd say it's a little early to say that it doesn't work, at least as regards marijuana and paraphernalia laws."



no offence but the "system" hasn't worked in over 70 years - the FDA will not even allow scientific studies to be done on Cannabis for the simple fact that they already know of it's benefits - other countries are now prooving the benefits and the UNITED STATES is STILL trying to keep them under wraps.

HERE WE GO AGAIN WITH THE MORAL MAJORITY BULLSHIT TO TRY AND SCARE PEOPLE - IE AXIS OF EVIL - WE ARE ALL IN DANGER FROM TERRORISM BULLSHIT

WE ARE THE GODDAMNED ANTICHRIST CENTER OF HYPOCRISY IN THE WORLD

I'm sorry but it was ILLEGALIZED OUT OF IGNORANCE NOT FACT

THAT ALONE MAKES THE SYSTEM CORRUPT

then during World War 2 it was RELEGALIZED breifly only for the GOVERNMENTS GAIN = FRAUD AND PESTULANCE

I feel bad for all those people out there that truly believe this government works in the best interest of the people - There is nothing worse then agreeing with someone for the simple fear of incarceration you may as well go live in China

We all know Alcohol is a destroyer of braincells - yet we see commercials advertising it on television - WHY? Because it lines the goverments pockets through taxes.

What about Cannabis? We know it is made of rapidly occuring and used components OF THE HUMAN BODY - that our BRAIN CELLS MAKE USE (and are not destroyed by it) OF IT; and through personal research I feel that I can use it to STIMULATE THE GROWTH OF IMMUNE AND STEM CELLS IN THE HUMAN BODY. I can also use it to drain the subconscious of trauma that is responsible for turning people psycotic and into literal criminals

We know it is ANTI-TUMERIC; THC contains A PROTEIN COAT that aids in PROTECTING cells against FREE-RADICALS

We have learned that it causes cancerous cells to run a SELF-DESTRUCT SEQEUNCE? - perhaps I misqouted that, but I am POSITIVE I have read it before

We know it is a Bronchial - DIALATOR; the opposite of tobacco

I have found it to release stress and anxiety, and calm the nerves; I'm sure Montel Williams will attest to this.

I have found that it creates balance and with balance comes rythem; Our sense are more alive - stimulating more objectional and creative thought

I have given it to a someone with Tourettes and it CALMED ALL NERVOUS TWITCHES.

IT IS A SLEEP AID; If you allow it to be.

IT STIMULATES NATURAL MELATONIN PRODUCTION AND IS NON-LETHAL

IT CREATES A HUGE INDUSTRY OF PRODUCTS

IT is healthy to consume as a food.

IT costs nothing to mass produce and gives off an abundance of wealth.

IF used properaly it could CHANGE OUR PLANET

THERE SHOULD BE NO DEBATE, THERE SHOULD BE NO ORGANIZATION; THIS IS SOMETHING THAT EVERY HUMAN BEING HAS THE RIGHT TO AND OUR GOVERNMENT SHOULD NOT BE TELLING LIES