Those who have no legal right to possess or consume marihuana face what’s commonly referred to as Michigan’s “zero tolerance” law, meaning that a prosecutor only needs to prove that at the time of driving, you had the presence of THC in your system, regardless of your driving performance.
It’s important to note, however, that the Michigan Supreme Court, in People v. Feezel, No. 138031 (June 9, 2010), determined that 11-carboxy-THC, a metabolite of THC, is not counted against you for the “zero tolerance” law. Currently, the detection threshold at the Michigan State Police Toxicology Unit is one ng/ml of THC. That’s one billionth of a gram of active THC per milliliter of blood.
Interestingly, if you have a medical marihuana card, it must be shown that you were driving under the influence of marijuana to be convicted of operating while intoxicated or “drugged driving.”
Section 7 of the MMMA outlines the specific limitations in which a patient or caregiver will fall outside the framework and not be afforded legal protection under the MMMA. MCL 333.26427(4) states that the Medical Marihuana Act does not permit any person to, “operate, navigate, or be in actual physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana.” While some states have developed internal limits of THC for patients while driving, Michigan has yet to impose a nanogram limit for internal possession of marihuana while driving for medical marihuana patients. So, the only way a patient can be convicted of driving under the influence of marihuana is to show that one’s driving ability was substantially lessened because of the presence of THC in their system.
If you happen to find yourself having to deal with a criminal charge for driving under the influence of marijuana, don’t hesitate to reach out to ask some questions and talk about your case.
Convictions under the Michigan Motor Vehicle Code remain on your criminal history indefinitely, and you shouldn’t go down without a fight.
Call the Michigan Cannabis Lawyers at 517-512-8364.
The Michigan Cannabis Lawyer Admin is the profile for the cannabis attorneys here at Covert Law Firm.