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motaman
old hand

Registered: 12/18/02
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Court's marijuana ruling a victory for authorities
#5780245 - 06/22/06 11:38 AM (17 years, 7 months ago) |
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http://www.mlive.com/news/jacitpat/index.ssf?/base/news-17/115099236535720.xml&coll=3
Court's marijuana ruling a victory for authorities Thursday, June 22, 2006 By Steven Hepker shepker@citpat.com -- 768-4923
Marijuana users can be arrested for drugged driving weeks after they toast a joint, the Michigan Supreme Court ruled Wednesday in a Jackson County appeal.
A veteran prosecutor hailed the ruling as a correct interpretation of the zero-tolerance law that will make enforcement easier. A longtime defense attorney said the high court has opened the floodgates on overreaching government.
"This goes to show the Supreme Court does not seem to care about individual rights," Jackson attorney Jerry Engle said.
At issue were cases from Jackson and Grand Traverse counties. The local case involved the prosecution of Dennis Kurts for driving under the influence of marijuana.
Blackman Township police in February 2004 cited Kurts, 44, of Michigan Center, after he was stopped for driving erratically. He admitted smoking marijuana, police said. The time frame in which he smoked is unclear.
A blood test did not detect the narcotic THC, or tetrahydrrocannabinol, which is in marijuana. Instead, the test showed the presence of carboxy THC, a benign product of metabolism that can remain in the blood for a month after marijuana use.
Jackson County Circuit Judge Chad Schmucker dismissed the case in 2004 on the basis that the THC remnant was not an illegal controlled substance. Wednesday's ruling sends the case back to Schmucker's court.
"The Supreme Court makes it clear carboxy THC is a controlled substance, and the Michigan Legislature says it is against the law to drive with any controlled substance in the body," said Jerrold Schrotenboer, appellate attorney for Prosecutor Hank Zavislak.
Had the ruling gone the other way, prosecutors and defense attorneys would have to offer dueling expert witnesses to argue the issue, Schrotenboer said. The high court's ruling considers the THC derivative and the actual narcotic one in the same, rather than circumstantial evidence that a driver might have been high.
"This makes it vastly easier for prosecutors to convict on drugged-driving charges," Schrotenboer said.
That alarms Engle, who argued against Schrotenboer before the Supreme Court in January. Not all police and prosecutors use discretion, and some might see the same dollar signs that drive drunken-driving convictions, Engle said. The Legislature in recent years passed fees of up to $3,500 against drunken drivers, and those same fees apply to drugged driving, he said.
"Suppose someone runs a red light into your car. The cop asks if you have smoked marijuana in the last several weeks," Engle said. "A blood test shows carboxy THC. The other guy gets a traffic ticket, and you go to jail."
-------------------- http://heffter.org
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dblaney
Human Being

Registered: 10/03/04
Posts: 7,894
Loc: Here & Now
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Re: Court's marijuana ruling a victory for authorities [Re: motaman]
#5780540 - 06/22/06 01:40 PM (17 years, 7 months ago) |
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Disgusting!
-------------------- "What is in us that turns a deaf ear to the cries of human suffering?" "Belief is a beautiful armor But makes for the heaviest sword" - John Mayer Making the noise "penicillin" is no substitute for actually taking penicillin. "This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it." -Abraham Lincoln
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demiu5
humans, lol


Registered: 08/18/05
Posts: 43,948
Loc: the popcorn stadium
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Re: Court's marijuana ruling a victory for authorities [Re: motaman]
#5780564 - 06/22/06 01:47 PM (17 years, 7 months ago) |
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That's it, if this becomes enacted nationwide, I'm stopping drugs, dropping out of school, working my ass off, saving as much money as possible, and getting the fuck out of this neo-fascist country asap!
Edit: I have more to say. What about DMT? It is produced naturally in the body and can, but not necessarily, be detected in urine. What about other cannabinoids? Are these also not scheduled? Someone please correct me if I'm wrong, I'm very intrigued, curious and this has just added to my pissed-offness of the day.
-------------------- channel your inner Larry David
Edited by demius (06/22/06 01:52 PM)
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mikeownow
Humungus fungus

Registered: 09/01/05
Posts: 2,856
Loc: WA,USA
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Re: Court's marijuana ruling a victory for authorities [Re: demiu5]
#5781011 - 06/22/06 04:31 PM (17 years, 7 months ago) |
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Its cival war 2
-------------------- No statements made in any post or message by myself should be construed to mean that I am now, or have ever been, participating in or considering participation in any activities in violation of any local, state, or federal laws. All posts are works of fiction.
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Microcosmatrix
Spiral staircasetechnician


Registered: 10/20/05
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Loc: Ythan's house
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Re: Court's marijuana ruling a victory for authorities [Re: motaman]
#5781333 - 06/22/06 06:19 PM (17 years, 7 months ago) |
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This shit will never make it past the U.S. supreme court. And this asshole better appeal too.
Until then, all I can say is that I'm so glad I consider Michigan a shithole that I have no desire to visit anyway...
What's next? Cops taking people's blood and charging them with possession of THC?
News flash: AMERICANS GET HIGH YOU STUPID MOTHERFUCKING POLITICIANS!!! GET OVER IT!!
Edited by Microcosmatrix (06/22/06 06:30 PM)
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SuperD
Cacti junky


Registered: 10/05/03
Posts: 6,648
Loc: The bridgesii bridge
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Re: Court's marijuana ruling a victory for authorities [Re: Microcosmatrix]
#5781873 - 06/22/06 08:39 PM (17 years, 7 months ago) |
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<<News flash: AMERICANS GET HIGH YOU STUPID MOTHERFUCKING POLITICIANS!!! GET OVER IT!!>>
Americans need to get high to help forget how badly their own government is raping them. As long as there are people willing to alter their mind, no law or other obstruction in the world will stop them. The sad part is all these bullshit laws started coming around within the past century.
--------------------
   D Manoa said: I need to stop spending all my money on plants and take up a cheaper hobby, like heroin. Looking for Rauhocereus riosaniensis seeds or live specimen(s), me if you have any for trade
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Microcosmatrix
Spiral staircasetechnician


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Re: Court's marijuana ruling a victory for authorities [Re: SuperD]
#5781947 - 06/22/06 09:09 PM (17 years, 7 months ago) |
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If you're not impaired while you're driving, no crime has been committed, I don't give a fuck what law they come up with, it's unconstitutional.
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DNKYD
Turtle!

Registered: 09/23/04
Posts: 12,326
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Re: Court's marijuana ruling a victory for authorities [Re: motaman]
#5783488 - 06/23/06 11:08 AM (17 years, 7 months ago) |
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I'm wondering whether or not I should provoke a blood-test for THC with the cops so that I can challenge this law in court.....
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Microcosmatrix
Spiral staircasetechnician


Registered: 10/20/05
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Re: Court's marijuana ruling a victory for authorities [Re: DNKYD]
#5783502 - 06/23/06 11:16 AM (17 years, 7 months ago) |
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Somebody needs to, and it needs to go all the way to the U.S. supremes because the jackasses in Michigan's highest court actually went for this bullshit unbelievably.
And actually, the guy that just lost in that kangaroo court should be the one appealing this stinking sack of shit to the U.S. supreme court.
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Cowgold
Bullshit


Registered: 04/04/05
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Re: Court's marijuana ruling a victory for authorities [Re: motaman]
#5784194 - 06/23/06 03:35 PM (17 years, 7 months ago) |
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This is so fucking retarded. They don't know anything about the drug and still try to pass laws on it. This is the shit they give us.
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