legalizeitcanada
Well-Known Member
that's how it was here in Canada...it's changed now though I think!
Marijuana Blood Test Admissible in Court?
- Thread starter khakiman
- Start date
sheapdog420
Active Member
In the article Feezel vs people, it states that 11-carboxy-THC can be detectable in your urine for up to 4 weeks, 48 hrs in blood. But it is not illegal because it posses no euphoric properties and is a metabolite of THC. THC itself is still illegal in accordance with federal statutes unless you are medical. Driving with THC present is illegal, but driving with only 11-carboxy-THC is not. So what drug tests are testing for is the 11-carboxy-THC and not the active ingredient THC, which might be unconstitutional because its not a schedule-1 drug. Thoughts?
legalizeitcanada
Well-Known Member
well I think you said it right there.....if the drug tests are testing for 11-carboxy-THC and not the active ingredient and as you state driving with only 11-carboxy-THC is not illegal...then there is a huge loophole there....i don't know too much about US law...although I was charged while living in florida for two years..(edit:this was many years ago)....I got caught with a 1/2 pound sheet of acid and some pipes at a prom party....my name was on the rental of the unit....there where tons of ppl there and we were all under age....I ended up with just a paraphernalia charge as they couldn't prove the pot and lsd was mine...thats why i had drug tests and had to pay restitution for one year....basically at that point, i was under age....the lawyer asked my father if he wanted me to be punished or get off....we choose the latter and a couple thousand later no real charges....hence the get a good lawyer...one that preferably knows the judge!
well i got my results it showed 6 nanograms/ml of THC-COOH... i tried explaining this to the prosecutor today and he said its not 11- carboxy. and it doesn't matter because I had a .05 blood alcohol level. Then he offered me driving while impaired $500 driver responsibility fee, restricted license, 4 points, and community service. I told him I wasnt interested and will get an attorney. He got all mad and said "chronic pain" very sarcastically. Then he said "what is an aspirin not cutting it anymore?".Later in court he told the judge he couldn't prove impairment at .08 blood alcohol level so that made me laugh. Im hopeful once I get an attorney I will get a better deal since the law is on my side.
guy incognito
Well-Known Member
"Pot" doesn't stay in your body for 30 days. You consume pot, and your body metabolizes the active chemicals in it and change them into something else that isn't going to react with the receptors in your body. It is these inactive metabolites that they check for in a drug test because those are what stick around for 14-30 days. All active ingredients are gone within hours.
a dog named chico
Well-Known Member
i heard they will institute saliva tests for people thought to be driving under the influence. THC can show in blood for up to 40 days (for a heavy smoker) where as saliva is only 2 hours to 4 days, making it a more suitable test for DUI
a dog named chico
Well-Known Member
I do not believe so, they may only react when it is as a certain level, so they would have to establish a cut off point
watchmefly420
Member
i smoked everyday for five years and am currently seeking work so had to quit, it took me 2and a half months to pass a home piss test( about 60 days) im alittle over weight mind you
update:
i brought in my documents signed by a pharmacist saying thc-cooh is secondary metabolite and not psychoactive but the prosecutor says that is what they use to determine impairment in michigan. 6nanograms is impaired on their scale. so my deal is posession of marijuana (ironic) and not DUI. Keep in mind i had a .05BAC as well so I am not disappointed with the result so far. I will let you know how sentencing goes! The probation officer told me the judge may ask me to quit smoking. ridiculous I know. At least I won't have a DUI on my record.
i brought in my documents signed by a pharmacist saying thc-cooh is secondary metabolite and not psychoactive but the prosecutor says that is what they use to determine impairment in michigan. 6nanograms is impaired on their scale. so my deal is posession of marijuana (ironic) and not DUI. Keep in mind i had a .05BAC as well so I am not disappointed with the result so far. I will let you know how sentencing goes! The probation officer told me the judge may ask me to quit smoking. ridiculous I know. At least I won't have a DUI on my record.
sheapdog420
Active Member
Sounds like if you want to press the issue you have a case on your hands. Problem is the costs and risks of sentencing versus how far you want to pursue and for what reasons. Prosecute over a metabolized substance that isn't illegal? Sounds like everyone, not just marijuana users, could be prosecuted.
Buddy Ganga
Active Member
Why would "you" be dealing with the prosecutor yourself and not a lawyer or even a public pretender, I mean defender..?
Because it sounds like the prosecutor is using your own ignorance/lack of knowledge against you.
Getting you to plea to something they couldn't convict you of.
deprave
New Member
He means that consuming marijuana is not illegal, for example if you say you smoked a joint 2 hours ago even if your not a card holder it means nothing as far as the law is concerned if your not driving and don't have any on you.
always lawyer up
TDM
Active Member
It appears to me this is going to be a law enforcement strategy...with the reduction in DUI income, they have a gold mine here until the laws reflect reality.
Recently, a friend who is a card holder was pulled over for a burned out tail light, the officer asked if he had any drugs, told him he had one joint and was legal.
He was arrested on suspicion of drugged driving, taken to the hospital for a blood draw which turned out positive for THC.
No doubt he will plead to a reduced sentence, pay the court, his attorney, will be placed on one year probation where they will drug test him often hoping he turns dirty so they can charge him again. I had a minor misdemeanor where I had to be on probation in this district, during that year they drug tested me eight times...my misdemeanor had nothing to do with drugs.
We can see the way this is going...high time the 70,000 legal card carriers addressed this issue.
Recently, a friend who is a card holder was pulled over for a burned out tail light, the officer asked if he had any drugs, told him he had one joint and was legal.
He was arrested on suspicion of drugged driving, taken to the hospital for a blood draw which turned out positive for THC.
No doubt he will plead to a reduced sentence, pay the court, his attorney, will be placed on one year probation where they will drug test him often hoping he turns dirty so they can charge him again. I had a minor misdemeanor where I had to be on probation in this district, during that year they drug tested me eight times...my misdemeanor had nothing to do with drugs.
We can see the way this is going...high time the 70,000 legal card carriers addressed this issue.
i have a lawyer he was able to get my sentence from dui to posession & careless driving (neither of which im guilty of). not much of a break but a dui is a real killer with the $1000-2000 drivers responsibility and additional insurance. trust me its not an ideal situation but anyone who is in a legal battle knows its not exactly fair.
my lawyer says the michigan attorney general is the reason why there is so much trouble for patients and caregivers.
http://www.billschuette.com/Schuette/2010/07/15/sheriff-prosecutor-attorney-general-candidate-legalizing-marijuana-is-a-bad-idea
the guy is a jackass. here is a quote from his site. "But the facts are clear: getting high on drugs is not a victimless crime. Families, spouses and children suffer. More drug usage results in more crime. And if state government cannot find a better way to balance the budget than legalizing drugs, then Michigan is in far worse shape than even we imagined. Legislators need to act now to stop marijuana legalization."
my lawyer says the michigan attorney general is the reason why there is so much trouble for patients and caregivers.
http://www.billschuette.com/Schuette/2010/07/15/sheriff-prosecutor-attorney-general-candidate-legalizing-marijuana-is-a-bad-idea
the guy is a jackass. here is a quote from his site. "But the facts are clear: getting high on drugs is not a victimless crime. Families, spouses and children suffer. More drug usage results in more crime. And if state government cannot find a better way to balance the budget than legalizing drugs, then Michigan is in far worse shape than even we imagined. Legislators need to act now to stop marijuana legalization."
defcomexperiment
Well-Known Member
i have no idea how you arent taking this to trial... do you have a med card? if so, you can not be found guilty of possession, and if the michigan supreme court ruled that metabolites do not count, then that is that. it is your thing and all, but they are offering you the careless driving to get you in their pocket, and because they dont have anything substantial for a case.
michiganman1
Member
Such bullshit. They need to define the laws asap. Good luck