Feezel was driving when he encountered an intoxicated pedestrian in the street. Feezel struck the pedestrian whom as a result of the accident passed away.
Feezel’s blood was analyzed which contained 6 nanograms of a THC metabolite called 11 Carboxy THC.
Feezel was charged with OWI causing death and operating with the presence of a schedule one controlled substance. The trial judge refused to admit the evidence that the victim was extremely intoxicated.
In order to be convicted of Operating with the presence of drugs it must be active THC and not a metabolite.
The court also ruled that the victim’s intoxication was material and should have been admitted into evidence.
The People vs Feezel opinion by the Michigan Supreme Court has been used in many cases since as well as other case law. Many can be found listed here.
Either you’re here just out of interest or you are searching for an attorney. If you need a law firm to protect and fight for your rights call our office 248-357-2550 or visit KomornLaw.com and do your research. The justice system doesn’t like winners unless it’s them…They don’t like us.
What are drug metabolites?
A drug metabolite is a byproduct of the body breaking down, or “metabolizing,” a drug into a different substance. The process of metabolizing a drug is predictable and certain; everyone metabolizes drugs the same way. Therefore, the presence of a drug metabolite can be a reliable indicator that a person used the “parent” drug of that metabolite.
Some metabolites remain in the body much longer than a drug. A drug test has a higher chance of identifying a user by looking for the metabolites of a drug, rather than the parent drug.
Some examples of drug tests that detect metabolites, rather than the drug:
Marijuana
THC is the active substance in marijuana. The body quickly metabolizes the THC molecule into several metabolites with long chemical names. Urine drug tests typically detect the THC-COOH (nor-delta-9-tetrahydrocannabinol) metabolite to identify marijuana users because it stays in the body much longer than the active THC drug.
Cocaine
A typical cocaine drug test kit looks for the presence of the metabolite benzoylecgonine. The presence of benzoylecgonine in a person’s system indicates cocaine use. Benzoylecgonine stays in a person’s system significantly longer than cocaine.
Nicotine
Nicotine is metabolized into cotinine, which has a much longer life in the body than the nicotine drug. A urine drug test for “nicotine” looks for the presence of cotinine as a sign of tobacco use.
If you are looking for an attorney that will fight for you. You found him. Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively. Call The Office 248-357-2550 or visit KomornLaw.com
Thinking getting licensed in the Cannabis Business? You will require legal guidance and services Komorn Law has been the most recommended law firms for over a decade Contact our Office for More Information (248) 357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Since the 1970s the college town of Ann Arbor has enacted some of the most lenient laws on cannabis possession in the United States. These include a 1972 city council ordinance, a 1974 voter referendum making possession of small amounts a civil infraction subject to a small fine, and a 2004 referendum on the medical use of cannabis. Since state law took precedence over municipal law, the far-stricter state cannabis laws were still enforced on University of Michigan property.
In November 2008, the Michigan Compassionate Care Initiative (appearing on the ballot as Proposal 1) was approved by Michigan voters.[3] The measure allowed patients with a physician’s recommendation to possess up to 2.5 ounces of cannabis for treatment of certain qualifying medical conditions.[4] Although it did not explicitly allow dispensaries to operate,[5] it did allow patients or their caregivers to cultivate up to 12 cannabis plants.[4] The measure faced opposition from law enforcement officials and drug czar John P. Walters,[6] but it was ultimately approved by a 63–37 margin, making Michigan the 13th state to legalize medical use and the first Midwestern state to do so.[7]
In February 2013, the Supreme Court of Michigan ruled that the 2008 initiative did not allow for the operation of medical cannabis dispensaries in the state. An estimated 75 to 100 dispensaries were operating under this legal gray area at the time.[8]
In September 2016, Gov. Rick Snyder signed a package of bills that among other reforms: (a) allowed the operation and regulation of medical cannabis dispensaries; (b) set a taxation rate of 3% on medical cannabis; and (c) allowed the use of non-smokable forms such as topicals and edibles.[9][10][11]
In November 2017, legalization proponents submitted 365,000 signatures to put a cannabis legalization measure on the 2018 ballot.[12] In April 2018, it was certified that supporters had turned in the requisite number of valid signatures.[13] In June 2018, state lawmakers declined the option to pass the measure themselves, sending it to the November ballot.[14] On November 6, 2018, Michigan voters approved Proposal 1 by a 56–44 margin, making Michigan the 10th state (and first in the Midwest) to legalize cannabis for recreational use.[15]
The Michigan Regulation and Taxation of Marihuana Act allows persons age 21 and over to possess up to 2.5 ounces of cannabis in public, up to 10 ounces at home, and cultivate up to 12 plants at home.[16] It also sets up a system for the state-licensed cultivation and distribution of cannabis, with sales subject to a 10% excise tax (in addition to the state’s 6% sales tax).[15] The law went into effect on December 6, 2018,[17] and the first dispensaries opened to the public on December 1, 2019.[18]
Source for above information: https://en.wikipedia.org/wiki/Cannabis_in_Michigan
Court Cases During The Early Medical Marijuana Years That Helped Shape The Current Laws in Michigan
Many things have changed and Marijuana legalization was voted by the people of Michigan in 2018. For Current information go to the Marijuana Regulatory Agency (MRA) website
CRIMINAL DEFENSE For over 27 years Komorn Law has been a trusted adviser providing results-focused legal counsel to its clients in all areas of criminal defense. From the first encounter with law enforcement to districts courts all the way to the supreme court. We are advocates of our clients’ rights in cases involving marijuana, drugged driving, DUI, criminal charges, as well as many other case types.
CANNABIS BUSINESS LICENSING AND LEGAL COUNSEL If you are starting or have an established Cannabis Business in Michigan. Komorn Law has the legal team you will need. With a 100% success rate in licensing our firm offers legal counsel services with connections and assets in the world’s leading and most refined cannabis industry network.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Massachusetts – USE LINKSDrug Lab Scandal Results in Convictions Dropped. Massachusetts drug lab chemist Annie Dookhan was caught faking results. Dismissals capped a five-year legal fight, longer than it took to discover, prosecute and punish Dookhan, who worked at the William A. Hinton State Laboratory Institute in Boston. When questioned by police, she admitted to a practice called “dry labbing,” identifying samples just by looking at them, rather than performing the required tests. She also admitted to tampering with samples, writing in a statement to police that she “turned a negative sample into a positive a few times.” X Annie_Dookhan
Massachusetts – USE LINKSAn investigation by the state attorney general found that from 2005 to 2013, Sonja Farak, 37, heavily abused various drugs including cocaine, LSD and methamphetamines and even manufactured her own crack cocaine using lab supplies.In 2014, Farak was sentenced to 18 months in jail.Article 9/14/20Sonja Farak
CALIFORNIA – USE LINKS Crime lab scandal rocked San Francisco district attorney • Neither the DA nor the prosecutors working for her had informed defense attorneys of the problems — despite rules requiring such disclosure. The DA “failed to disclose information that clearly should have been disclosed,” Superior Court Judge Anne-Christine Massullo wrote in a scathing decision in May 2010. • “Systematically violated defendants’ civil and constitutional rights” because her office hid “damaging information about a police drug lab technician and was indifferent to demands that it account for its failings.” • Office prosecuted cases that relied on crime lab testing, but defense attorneys were not told that evidence might have been tainted
SUMMARY OF PUBLIC ACT 243 OF 2016: Public Act 243 of 2016 authorized the Department of State Police to establish a pilot program in five counties in Michigan for roadside oral fluid testing to determine whether an individual is operating a vehicle while under the influence of a controlled substance. The legislation stipulates that the preliminary oral fluid test will be performed by a certified Drug Recognition Expert (DRE). A certified drug recognition expert means a law enforcement officer trained to recognize impairment in a driver under the influence of a controlled substance rather than, or in addition to, alcohol. The MSP was tasked with developing a written policy and authorized to promulgate administrative rules as necessary for the implementation of the roadside oral fluid testing pilot program (Legislative Service Bureau, 2015).
SUMMARY OF PUBLIC ACT 242 OF 2016: Public Act 242 of 2016 states that a peace officer who is certified as a DRE may administer a roadside oral fluid test if they have reason to believe a driver is operating a vehicle under the influence of a controlled substance, and the DRE may arrest a person in whole, or in part, upon the results of a preliminary oral fluid analysis. A person who refuses to submit to a preliminary oral fluid analysis upon a lawful request by a peace officer is responsible for a civil infraction.
The results cannot be used as evidence in determining if the driver was impaired.
A Tool The roadside drug tests are meant as a screening tool to further support arrest for use once a motorist is suspected of being impaired. Results Results are only allowed into evidence at a criminal proceeding when there are questions surrounding the validity of an arrest, similar to the admission of a roadside breathalyzer tests. Results from the initial pilot program revealed roadside tests often produced positive results for drugs that were later found not to be present in the person’s blood. This occurred in 11 of 74 positive tests for THC, the psychoactive compound in marijuana; one of three positive tests for methamphetamine; six of 16 positive tests for amphetamines; and two of seven positive tests for cocaine. Critics of the test say there’s not good correlation between the amount of a substance found in a person’s saliva and their level of impairment
Massachusetts – USE LINKS Drug Lab Scandal Results in Convictions Dropped. Massachusetts drug lab chemist Annie Dookhan was caught faking results. Dismissals capped a five-year legal fight, longer than it took to discover, prosecute and punish Dookhan, who worked at the William A. Hinton State Laboratory Institute in Boston. When questioned by police, she admitted to a practice called “dry labbing,” identifying samples just by looking at them, rather than performing the required tests. She also admitted to tampering with samples, writing in a statement to police that she “turned a negative sample into a positive a few times.” X Annie_Dookhan
Massachusetts – USE LINKS An investigation by the state attorney general found that from 2005 to 2013, Sonja Farak, 37, heavily abused various drugs including cocaine, LSD and methamphetamines and even manufactured her own crack cocaine using lab supplies. In 2014, Farak was sentenced to 18 months in jail. Article 9/14/20Sonja Farak
CALIFORNIA – USE LINKS Crime lab scandal rocked San Francisco district attorney Neither the DA nor the prosecutors working for her had informed defense attorneys of the problems — despite rules requiring such disclosure. The DA “failed to disclose information that clearly should have been disclosed,” Superior Court Judge Anne-Christine Massullo wrote in a scathing decision in May 2010.“Systematically violated defendants’ civil and constitutional rights” because her office hid “damaging information about a police drug lab technician and was indifferent to demands that it account for its failings.”Office prosecuted cases that relied on crime lab testing, but defense attorneys were not told that evidence might have been tainted
The results cannot be used as evidence in determining if the driver was impaired.
A Tool The roadside drug tests are meant as a screening tool to further support arrest for use once a motorist is suspected of being impaired. Results Results are only allowed into evidence at a criminal proceeding when there are questions surrounding the validity of an arrest, similar to the admission of a roadside breathalyzer tests. Results from the initial pilot program revealed roadside tests often produced positive results for drugs that were later found not to be present in the person’s blood. This occurred in 11 of 74 positive tests for THC, the psychoactive compound in marijuana; one of three positive tests for methamphetamine; six of 16 positive tests for amphetamines; and two of seven positive tests for cocaine. Critics of the test say there’s not good correlation between the amount of a substance found in a person’s saliva and their level of impairmentSee the Michigan State Police Impaired Driver Report here
This registered nurse stood to lose their livelihood or were going to be quietly forced into rehabilitation.
Who Knew?
Who knew that LARA was punishing Registered Nurses merely because they are a medical cannabis patient?
Who knew that the same government agency (LARA) that regulates the licensing of the Physician (who recommended the use of medical cannabis,) and also regulates the licensing of Registered Nurses, punish those same Licensed Registered Nurses (by suspending and or attempting to revoke their Nursing Licenses) merely for following the medical advice and proscribed medical treatments made to them by their State Licensed Physician?
Who knew that “Cannabis Dependence” with “Cannabis use disorder,” “Mild” was a medical diagnosis?
Who knew that this so called disorder was categorized as “Mild” and or “Spicy”?
Who knew that the States protocol for this “diagnosis” , mandates that the registered nurse admit to this disorder, sign a contract to complete an unknown length and unknown terms of substance abuse treatment, as a condition of retaining that nursing license?
Who knew that this could be done without any evidence regarding the registered nurses performance at work?
Who knew this could be done with evidence that the registered nurses performance at work was impeccable?
Who knew that the Physicians contracted with the State (Health Professional Recovery Program -HPRP), and acting on behalf of LARA ( who diagnose medical cannabis patients with “Cannabis Dependence” with “Cannabis use disorder,” “Mild” ) and those that regulate nursing licenses don’t distinguish between active delta-9 THC, and any other cannabinoids, including the metabolite of THC, 11 Carboxy THC (which is not a controlled substance)?
See an important Michigan Supreme Court Opinion – People vs Feezel
Enter Komorn Law
All of the above are real, and circumstances that we encountered in this more than a year long battle, with the Michigan licensing agency. Because of my client’s relentless and passionate pursuit for justice in their case. This Licensed Nurse is no longer left .
Almost from day one, we were ready and looking forward to litigating this matter. My client, refused to settle, and there was no reason that they should.
Komorn Law PLLC, is proud to announce another huge win and a long hard fought victory.
Victory
This past week we received the final order dismissing the complaint, and re-activating their nursing license.
In light of the MMMA, the MMFLA and the MRTMA, this issue like many others remain overlooked, as unfinished business that the State of Michigan has failed to address.
For a full perspective of this issue, see the link to the complaint filed in Federal Court, relating to HPRP. HPRP-Class-Action-Complaint. Additional links on this topic. ( that nursing power point I sent earlier)
Huge Shout out to everyone at Komorn Law PLLC, specifically Ally McCormick, Steve Miller, Jenifer St. Amant, Jeff Frazier and Dan, nice job team!!
Why Are You Here?
Either you’re here just out of interest or you are searching for an attorney. If you need a law firm to protect and fight for your rights call our office 248-357-2550 or visit KomornLaw.com and do your research.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney.
