Michigan Bans DUI Marijuana Prosecutions

Jun 23, 2010 @ 04:39 PM — by Myles L. Berman

The Supreme Court of Michigan recently reversed a driver's conviction while allegedly driving under the influence of marijuana because having the presence of "carboxy" in the system in not a crime in Michigan. Carboxy is a metabolite that is created when THC (an active ingredient in marijuana) breaks down. Experts have shown that carboxy can be found in the system for weeks and does not indicate a driver is impaired for DUI prosecutions. The court ordered prosecutors to stop prosecuting drivers for DUI based on the presence of carboxy in the drivers' system. The recent Michigan Supreme Court decision reversed a 2006 decision by the same court. Prosecuting drivers for DUI-drugs is very difficult as there are few, if any, scientific studies concluding illegal drugs causes impairment.

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