Cannabis Automobile search rules 2020 www.micannabislawyer.com

Michigan Cannabis Automobile Search Rules 2020

Federal Cannabis Automobile Search Rules

In a recent decision out of the Ninth Circuit Court of Appeals, United States v. Gray, the odor of marijuana in a motor vehicle could provide the probable cause necessary for a warrantless search automobile search in a state that has legalized adult use of marijuana. What does this mean for Michigan Cannabis Automobile search rules?

More states across the Country are leaning toward this type of approach in determining the reasonableness of similar searches.

Cannabis Automobile Search Rules www.micannabislawyer.com

Cannabis Automobile Search Rules www.micannabislawyer.com

 

Contact us about Cannabis DUI Defense TODAY:

Michigan Cannabis Automobile Search Rules 2020

Obviously, Michigan is now a recreational state. We will most likely be looking to other states that have recreational laws for guidance on how to decide these types of issues.

In Gray, two occupants of a vehicle were traveling on a downtown street without any lights on. Naturally, the County sheriff’s officers ended up pulling them over.

At first, the occupants denied smoking marijuana in the car. The officers believed the occupants were “smoking buds” while the vehicle was operable.

In Nevada, it is illegal to, “smoke or otherwise consume marijuana in a public place,… or in a moving vehicle.” Nev. Rev. Stat. § 453D.400(2). The officers then called in a drug detection dog to search the vehicle.

After that, the drug detection dog alerted to the vehicle during a search. Furthermore, the officers found a firearm in the backpack of one of the occupants. Not only did the trial court (a Nevada court) never made the distinction regarding the difference between the odor of burnt or unburnt marijuana but it also appears that the appellate court was left a set of facts pertaining simply to the smell of marijuana.

What does this mean for us here in Michigan? Our Michigan Recreational law allows for the possession of 2.5 oz. of flower marijuana and who are 21 years or older.

 

“I believe that the case may have had a different outcome had the trial court made a distinction regarding whether or not the odor was of burnt or unburnt marijuana.  Had the smell been of unburnt or fresh marijuana the evidence may of very well been suppressed and the charges dismissed,” says attorney Joshua Covert of the Michigan Cannabis Lawyers.

In summary, there shouldn’t be probable cause to warrant a search as long as there isn’t the smell of burning or burnt marijuana.

Michigan Cannabis Lawyers: "Don't admit you've been smoking to the Police" www.micannabislawyer.com

Michigan Cannabis Lawyers: “Don’t admit you’ve been smoking to the police”

In conclusion, we stay in touch with the changing laws and regulations regarding Fourth Amendment searches and seizures. At the Michigan Cannabis Lawyers, we strive to stay ahead of the pitch and always ready to face a challenge.

Michigan Cannabis Laywers Logo www.micannabislawyer.com

Michigan Cannabis Lawyers www.micannabislawyer.com

Call us if you have any more questions (517) 512-8364

smoking marijuana impair ability to drive

Does smoking marijuana impair your ability to drive?

The Michigan Impaired Driving Safety Commission was created and given the task of conducting research in order to recommend a scientifically supported threshold of 9-THC. This threshold, much like the .08 blood alcohol level threshold, would indicate to Michigan police whether or not a cannabis user is considered impaired while driving.

Similar studies have been done nationwide with varying results, yet most were unable to come to an absolute threshold that indicates impairment. A 2017 study involving driving simulators and instrumented vehicles revealed that cannabis-impaired subjects typically drive slower, keep greater following distances, and take fewer risks while driving than when driving sober (Compton, 2017). It was believed during this study that this behavior was due to drivers attempting to overcompensate for the subjective effects of using cannabis. In comparison, a 2013 report found an estimated 26% increase in crash risk when the driver had used cannabis (Elvik, 2013); in 2012 a study concluded ingesting cannabis increased the risk of a crash by a factor of 1 to 3 (Schulze et al., 2012); and in 2017 the National Academies of Sciences concluded that there was no substantial evidence of a statistical association between cannabis use and increased risk of a vehicle crash but that there was an increased risk of about 22%-36%.

A percentage of added risk is not enough to determine a specific threshold of THC in the system that would render a driver impaired. This threshold has been difficult to pin down due to how 9-THC is processed through the body. While THC in one’s system goes through a rapid elimination process once ingested the effects on the central nervous system are often delayed. This creates a window of time where the user may not feel the full effect of ingesting cannabis yet the levels of THC in their system are already starting to lower. A test in 2005 showed that 20 minutes after smoking cannabis the user’s 9-THC blood levels were significantly lower than when tested right after smoking (Papafotiou et al., 2005).  

 

Conclusion 

The Safety Commission concluded that there is no scientifically supported threshold of THC that would directly indicate a driver is impaired. Therefore, the Commission recommends the State of Michigan to utilize roadside sobriety test(s) to determine whether a driver is impaired by cannabis instead of blood tests.

 

If you are facing a criminal charge for driving under the influence of marijuana call Michigan Cannabis Lawyers at 517-512-8364.