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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Michigan Drugged Driving

In Michigan, a person is guilty of DUI if (1) he or she operates a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles a controlled substance, or a combination of alcoholic liquor and a controlled substance, (2) the owner of a vehicle permits the vehicle to be operated by a person whose ability to operate the motor vehicle is visibly impaired due a controlled substance, or a combination of alcohol and a controlled substance, OR (3) the person has in his or her body any amount of a schedule I controlled substance*. Mich. Comp. Laws Ann. §§ 257.625(1)(a), (8) (West 2010).

*NOTE: The Michigan Supreme Court has found that inert metabolites of marijuana do not constitute schedule I controlled substances. The court found that natural byproducts created by body during break down of THC were not derivative of marijuana. Inert metabolites do not constitute schedule I controlled substance, in part because they do have any known pharmacological effect, relate to level of THC-related impairment, and do not have potential for abuse and dependence. People v. Feezel, 783 N.W.2d 67(2010).

Implied Consent

  • A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood or urine. Mich. Comp. Laws Ann. § 257.625c(1) (2010).

  • If a person refuses the request of a peace officer to submit to a chemical test, a test shall not be given without a court order, but the officer may seek to obtain the court order. Id. § 257.625d(1).

  • A person's refusal to submit to a chemical test is admissible in a criminal prosecution for a crime only to show that a test was offered to the defendant, but not as evidence in determining the defendant's innocence or guilt. The jury shall be instructed accordingly. Id. § 257.625a(9).

  • Accused has the right to demand that a person of his or her own choosing administer the chemical tests, and accused is responsible for obtaining a chemical analysis of a test sample obtained at his or her own request. Id. § 257.625a(6)(b).

  • Accused is allowed a phone call to consult attorney about taking chemical tests after arrest. Hall v. Secretary of State,231 N.W.2d 396(1975).

Penalties

  • First offense – One or more of the following - community service for not more than 360 hours; imprisonment for not more than 93 days; fine of not more than $300. Mich. Comp. Laws Ann. § 257.625(9)(a).

  • Second offense (w/i 7 years) – fine of not less than $200 or more than $1,000; one or more of the following - imprisonment for not less than 5 days or more than 1 year, community service for not less than 30 days nor more than 90 days. Id. § 257.625(9)(b).

  • Third and subsequent offense (w/i 7 years) felony - fine of not less than $500 or more than $5,000; either of the following - imprisonment for not less than 1 year or more than 5 years; probation with imprisonment for not less than 30 days or more than 1 year with community service for at least 60 days, but less than 180 days. Id. § 257.625(9)(c).

Sobriety Checkpoints

In Michigan, sobriety checkpoints are deemed illegal under state Constitution.

Upon remand from the U.S. Supreme court, the Michigan Supreme court found that Michigan's state constitution did not permit sobriety checkpoints in Sitz v. Mich. Dept. of State Police, 506 N.W.2d 209 (Mich. 1993).

Case Law

People v. Feezel, 783 N.W.2d 67(2010) -- The Michigan Supreme Court has found that inert metabolites of marijuana do not constitute schedule I controlled substances. The court found that natural byproducts created by body during break down of THC were not derivative of marijuana. Inert metabolites do not constitute schedule I controlled substance, in part because they do not have any known pharmacological effect, relate to level of THC-related impairment, and do not have potential for abuse and dependence.

People v. Mayhew, 600 N.W.2d 370 (1999) -- Accused who was treated at hospital for injuries arising from an automobile accident had no expectation of privacy. A urine test performed on him at hospital which revealed presence of THC was admissible, despite objections based on 4th amendment protections.

Per Se Drugged Driving Laws

Michigan has a zero tolerance per se drugged driving law enacted for cannabis and other controlled substances. Cannabis metabolites are excluded under the law MCL 257.625(8)

Community service for not more than 360 hours or/and Imprisonment for not more than 93 days or/and A fine of not less than $100.00 or more than $500.00.

If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following: Imprisonment for not less than 5 days or more than 1 year and/or Community service for not less than 30 days or more than 90 days.

If the violation occurs within 10 years of 2 or more prior convictions, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following: Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years and/or Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days.

The court may order vehicle immobilization for not more than 180 days. 

Michigan Medical Marijuana

SUMMARY: Sixty-three percent of voters approved Proposal 1 on November 4, 2008. The law took effect on December 4, 2008. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physicians authorizing the medical use of marijuana. Patients diagnosed with the following illnesses are afforded legal protection under this act: Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella, or the treatment of these conditions. Patients are also offered legal protection if they have a chronic or debilitating disease or medical condition or treatment of said condition that produces 1 or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis. Patients (or their primary caregivers) may possess no more than 12 marijuana plants kept in an enclosed, locked facility or 2.5 ounces of usable marihuana. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. The state officially began accepting applications for the program on April 6, 2009.

RECIPROCITY: Yes. Authorizes visiting qualifying patient with registry identification card (or its equivalent) from a State that also allows the medical use of marijuana by visiting qualifying patients, to engage in the medical use of marijuana. Also authorizes a person to assist with a visiting qualifying patient’s medical use of marijuana. Mich. Comp. Law § 333.26424(j) (2008).

(other state, district, territory, commonwealth, or insular possession of the U.S. must offer reciprocity to have reciprocity in Michigan)

AMMENDMENTS: Yes

Administrative rules for the program took effect on April 4, 2009. A copy of the regulations is available here.

MEDICAL MARIJUANA STATUTES: Michigan Medical Marihuana Act, Mich. Comp. Law §§ 333.26421 - 333.26430 (2008).

CAREGIVERS: Yes. Primary caregiver is a person who has agreed to assist with a patient's medical use of marihuana. The caregiver must be 21 years of age or older. The caregiver can never have been convicted of a felony involving illegal drugs. Each patient can only have one primary caregiver. The primary caregiver may assist no more than 5 qualifying patients with their medical use of marihuana. Mich. Comp. Law §§ 333.26423; 333.26426(d) (2008).
CONTACT INFORMATION:

Michigan Medical Marihuana Program (MMMP)
Michigan.gov/mmp

Michigan Medical Marijuana Association
http://michiganmedicalmarijuana.org/ 

Michigan Penalties


Incarceration


Fine

Possession

Marijuana use*

misdemeanor

90 days

$100

Any amount*

misdemeanor

1 year

$2,000

In a park*

misdemeanor or felony

2 years

$2,000

*Conditional discharge possible.

Cultivation

Less than 20 plants

felony

4 years

$20,000

20 to 200 plants

felony

7 years

$500,000

200 or more plants

felony

15 years

$10,000,000

Sale

Distribution without remuneration

misdemeanor

1 year

$1,000

Less than 5 kg

felony

4 years

$20,000

5 to 45 kg

felony

7 years

$500,000

45 kg or more

felony

15 years

$10,000,000

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia sale**

misdemeanor

90 days

$5,000

**Preceded by cease and desist order, and if complied with, it is a complete defense to the charges.

Six month driver's license suspension upon conviction for marijuana charges.

 

Details

 

The penalty for the use of marijuana is up to 90 days in jail and a fine of up to $100.

Possession of marijuana in any amount is punishable by up to one year in jail and a fine of up to $2,000, unless the possession occurred in a public or private park, which increases the penalty to a possible 2 years in prison.

Conditional discharge is available in all use and possession cases.

Distribution of marijuana without remuneration is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. For cultivation of less than 20 plants or sale of less than 5 kilograms, the punishment is up to four years in jail and a fine of up to $20,000. For cultivation of 20 or more plants or sale of 5 kilograms or more, the punishment is up to seven years in prison and a fine up to $500,000. Cultivation of 200 or more plants or sale of 45 kilograms or more is punishable by up to 15 years in prison and a fine up to $10,000,000.

The sale of paraphernalia is punishable by up to 90 days in jail and a fine of up to $5,000. The arrest for sale of paraphernalia is preceded by a cease and desist order, and if the order is complied with, it is a complete defense to the charges.

Ann Arbor: The penalty for being caught with marijuana is $25.00 USD for the first offense, $50.00 for the second and $100.00 for the third or subsequent offense (and no incarceration or probation). However, laws do not apply on university property i.e. the dorms; the university has a much more strict policy on possession and/or use.



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