Marijuana Blood Test Admissible in Court?

the prosecutor says i cannot drive because i have a class one controlled substance in my blood even though had not smoked that day. right now im charged with operating under the influence of drugs. i was just wondering if that is accurate.

Are you a card holder?

the guys smkin somethin worse than we are

According to the state.....if you test pos for thc, you can be charged with dui....it doesn't matter WHEN you smoked, only that you had thc in your bloodstream at that moment.....Until the laws are more defined or changed, you're under their thumb...I wish you good luck....

oldreefer said:

according to the state.....if you test pos for thc, you can be charged with dui....it doesn't matter when you smoked, only that you had thc in your bloodstream at that moment.....until the laws are more defined or changed, you're under their thumb...i wish you good luck....

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a judge already ruled that out like 6 months ago. The cop has to get you to admit that you have been smoking before driving (basically that day) or prove it somehow.

rzza said:

a judge already ruled that out like 6 months ago. The cop has to get you to admit that you have been smoking before driving (basically that day) or prove it somehow.

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This is true, although I think if they pull blood they can get a more accurate read. If you just blazed and they drew blood, I think they might have enough to get you. I know the ruling you're talking about, hold on and let me see if I can find the article.

This wasn't the one, but same topic. I see they would like to change the ruling already.http://www.articlesbase.com/criminal-articles/michigan-supreme-court-rules-in-favor-of-drugged-driving-defendants-4069247.html
The one I was looking for is no longer available, but this sums it up pretty well.
http://winbackyourlife.org/michigan-now-more-tolerant-to-operating-under-influence-of-marijuana/

rzza said:

a judge already ruled that out like 6 months ago. The cop has to get you to admit that you have been smoking before driving (basically that day) or prove it somehow.

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From what I've read, any drug tests for cannabis are being heavily challenged because cannabis leaves he body so slowly.

Now that only helps if your a cardholder, otherwise why is there cannabis in you at all?

why is there cannabis in you at all? because we all love to smoke! duh

i am a cardholder

Get a good attorney. I would rely on the advice from the people in this forum directly relative to how much it costs...zero.

yeh, the law is so outta date....prohibition

the supreme court ruled in june of 2010 that thc metabolites are not enough to pin you with dui, oui or whatever else they wanna call it. if they give a sobriety test, and you fail, then they could fuck with ya.

a state cop smelled weed on me a few days ago, he gave me some shit and i showed him my card. he said he could bust me for oui....i informed him of the michigan supreme court ruling...he shut right up about it after that....dick head.

cmt1984 said:

the supreme court ruled in june of 2010 that thc metabolites are not enough to pin you with dui, oui or whatever else they wanna call it. if they give a sobriety test, and you fail, then they could fuck with ya.

a state cop smelled weed on me a few days ago, he gave me some shit and i showed him my card. he said he could bust me for oui....i informed him of the michigan supreme court ruling...he shut right up about it after that....dick head.

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I think i'll get a copy of that ruling and keep in with my card.

bob harris said:

From what I've read, any drug tests for cannabis are being heavily challenged because cannabis leaves he body so slowly.

Now that only helps if your a cardholder, otherwise why is there cannabis in you at all?

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Maybe he was visting a "Patient",,,And it was second hand smoke. oh yea his "Paitent",,,was just a friend with a "Licnence to smoke"?

if the active metabolites are out in 4-8 hours then i am good. i dosed 10 hours before because I didnt want to be "under the influence".

secretweapon said:

why is there cannabis in you at all? because we all love to smoke! duh

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actually i don't think there is any law against consuming cannabis, but there is against possessing it.. kinda hard to do one without the other, but technically i don't think you could just get busted for having mj in your blood, other than being behind the wheel at the time of course..

racerboy71 said:

actually i don't think there is any law against consuming cannabis, but there is against possessing it.. kinda hard to do one without the other, but technically i don't think you could just get busted for having mj in your blood, other than being behind the wheel at the time of course..

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Heard otherwise about that behind the wheel thing.

http://winbackyourlife.org/michigan-now-more-tolerant-to-operating-under-influence-of-marijuana/


Don't even understand your consume/possess comment. I'll leave that one for the lawyers and doctors to answer.

Ok I just read the ruling and one question came to mind. If 11-carboxy-THC is not admissable as proof of being impaired because it is a metabolite and not a derivative of THC, then does that mean that drug tests can only test for THC and not for 11-carboxy-THC? Could these drug test be unconstitutional because they're trying to detect a substance that is not illegal, and therefore violating our rights?

i think thats arguable.....pot stays in your system for something like 30 days....you stay high for just a few hours....get a good lawyer...when I had proby....I passed my test with goldseal I got at GNC......I ate the whole bottle and drank lots of water two days before the test and passed every time....that was a piss test though....blood test? But they should be able to narrow down a content % and tell that you didn't smoke that day with a blood test I would think...I just can't see that sticking.....best o luck