Other Bodily Fluid House Hearing – HB-4391- Update 5-22-25

Other Bodily Fluid House Hearing – HB-4391- Update 5-22-25

Michigan House Hearing
HB-4391 Saliva Test Update 5-22-25
Watch the hearing or read the summary.

Click here or image below to see video

FYI: Marijuana although voted to be legalized is still classified as a controlled substance in the State of Michigan and Federally.

More ways to take your money.

SUMMARY:

House Bills 4390 and 4391 would amend the Michigan Vehicle Code to allow for roadside oral fluid (i.e., saliva) tests to screen drivers for the presence of controlled substances, including marijuana. These tests, referred to in the bills as preliminary oral fluid analysis, would be added to several provisions that now apply to preliminary chemical breath tests used to screen
for alcohol. The term other bodily fluid (which includes saliva) would be added to several provisions that now refer to the testing of, or to test results for, an individual’s blood, breath, or urine. The bills are described together below.

Other bodily fluid

Other bodily fluid would mean fluid from the human body capable of revealing the presence of controlled substances or their metabolites, including oral fluid.

Preliminary oral fluid analysis would mean the on-site taking of a preliminary oral fluid test, performed by a peace officer, from the oral fluid of a person for the purpose of detecting the presence of a controlled substance, as that term is defined in section 7104 of the Public Health Code.1

[This definition is currently in the law, except that current law requires the tests to be performed by a certified drug recognition expert, a restriction that applied to a roadside drug testing pilot program conducted in five counties in 2017 and 2018 (Phase 1)2 and more broadly in 2019 and 2020 (Phase 2).3]

Currently, a peace officer may require a person to submit to a preliminary breath test if, among other things, the officer has reasonable cause to believe that the person was operating a vehicle while their ability to do so was affected by the consumption of alcohol or a controlled substance
or that the person was operating a commercial motor vehicle while their blood, breath, or urine contained any measurable amount of alcohol or a controlled substance.

The bills would amend the provision concerning operating a commercial motor vehicle to also apply to any measurable amount of alcohol or controlled substances contained in other bodily fluid. Similarly, provisions that currently apply to a request by a peace officer to submit to a preliminary breath test or to penalties for refusing a preliminary breath test also would apply to a request or refusal to submit to a preliminary oral fluid analysis.

The following would apply to a preliminary oral fluid analysis administered under the bills:

  • It could lead to an arrest based on its results.
  • The results would be admissible in a criminal prosecution for certain drunk or drugged driving violations or in an administrative hearing for one or more of the following purposes:

To assist the court or hearing officer in a determining a challenge to the validity of an arrest.

  • As evidence of the presence or nonpresence of a controlled substance in the defendant’s oral fluid if offered by the defendant to rebut testimony elicited on cross-examination of a defense witness that a preliminary oral fluid analysis showed the presence of a controlled substance that was not found to be present when a chemical test of the defendant’s blood or urine was administered under the act.
  • As evidence of the presence or nonpresence of a controlled substance in the defendant’s oral fluid if offered by the prosecution to rebut testimony elicited on cross-examination of a prosecution witness that a preliminary oral fluid analysis showed no presence of a controlled substance that was found to be present when a chemical test of the defendant’s blood or urine was administered under the act.
  • The person would remain subject to provisions of the act pertaining to chemical tests and administrative hearings regarding chemical tests.
  • A person who refuses to submit to a preliminary oral fluid analysis would be responsible for a civil infraction.
  • Each bill would take effect 90 days after its enactment, and neither could take effect unless both were enacted.

MCL 257.43b and 257.625a and proposed MCL 257.36d

An OUI charge is very serious in Michigan can have serious consequences affecting your job, driving priviledges, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. Since 1993 Attorney Michael Komorn lead trial attorney in both state and federal courts has provided a strong defense above and beyond for clients. Contact Komorn Law and  Call our office 248-357-2550 for a case evaluation.

Komorn Law

Charged Driving High? – Better Call Komorn

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Criminal Law FAQs – Marijuana Offenses

Criminal Law FAQs – Marijuana Offenses

Michigan Criminal Laws FAQs

Marijuana Offenses

FAQ 1: Is recreational marijuana legal in Michigan?

Answer: Yes, recreational marijuana is legal for adults 21 and over in Michigan. However, there are restrictions on possession, use in public places, and driving under the influence. (Reference: Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018)

FAQ 2: Can I still be arrested for marijuana possession in Michigan?

Answer: Yes, even with legalization, there are limits on the amount you can possess (currently up to 2.5 ounces in public and 10 ounces at home, with amounts over 2.5 ounces at home needing to be secured). Exceeding these limits or possessing it if you are under 21 can lead to criminal charges. (Reference: Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018)

FAQ 3: What are the penalties for driving under the influence of marijuana (DUID) in Michigan?

Answer: Driving under the influence of marijuana is illegal in Michigan and carries similar penalties to OWI involving alcohol, including fines, license suspension, and potential jail time, depending on the number of prior offenses. (Reference: MCL 257.625)

FAQ 4: Can I grow marijuana in Michigan?

Answer: Adults 21 and over can grow up to 12 marijuana plants at their primary residence, provided they are not visible from a public place and are kept in a secured area. Exceeding this limit or not following regulations can lead to criminal charges. (Reference: Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018)

FAQ 5: What if I have a prior marijuana conviction in Michigan? Can it be expunged?

Answer: Michigan law allows for the expungement of certain prior marijuana convictions that would now be legal under the current recreational marijuana law. An attorney can help you determine your eligibility and navigate the expungement process. (Reference: MCL 780.621 et seq.)

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Other Bodily Fluid House Hearing – HB-4391- Update 5-22-25

Michigan House HearingHB-4391 Saliva Test Update 5-22-25Watch the hearing or read the summary.Click here or image below to see videoFYI: Marijuana although voted to be legalized is still classified as a controlled substance in the State of Michigan and Federally. More...

Criminal Law FAQs – Marijuana Offenses

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Facing any Marijuana or Drug charges in Michigan?

Facing an marijuana or drug charges in Michigan can have serious consequences affecting your driving privileges, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s laws and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

Komorn Law

Accused of Driving High? – Better Call Komorn

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Criminal Law FAQs – Operating While Intoxicated (DUI – OWI)

Criminal Law FAQs – Operating While Intoxicated (DUI – OWI)

Michigan Criminal Laws FAQs

Drunk Driving (Operating While Intoxicated – OWI)

FAQ 1: What is the legal blood alcohol content (BAC) limit in Michigan?

Answer: In Michigan, the legal BAC limit for operating a vehicle is 0.08% for individuals 21 years of age or older. For those under 21, there is a “zero tolerance” law. (Reference: MCL 257.625)

FAQ 2: What are the potential penalties for a first-time OWI offense in Michigan?

Answer: A first-offense OWI in Michigan can result in fines (up to $500), community service (up to 360 hours), a suspended driver’s license (up to 180 days), and possible jail time (up to 93 days). (Reference: MCL 257.625(1)).

FAQ 3: Can I refuse a breathalyzer or blood test if I’m suspected of OWI in Michigan? What are the consequences?

Answer: Michigan has an implied consent law. By operating a vehicle on public roads, you’ve consented to chemical testing. Refusal can lead to an automatic suspension of your driver’s license for one year (first refusal) or two years (subsequent refusals), even if you are not convicted of OWI. (Reference: MCL 257.625a)

FAQ 4: What happens if my BAC is 0.17% or higher in Michigan?

Answer: If your BAC is 0.17% or higher, it’s considered “High BAC” or “Super Drunk.” Penalties are significantly enhanced, including increased fines (up to $700), longer license suspension (one year with a restricted license after 45 days), mandatory vehicle immobilization, and possible jail time (up to 180 days). (Reference: MCL 257.625(1)(c))

FAQ 5: Can I get my OWI charge dismissed in Michigan?

Answer: While a dismissal isn’t guaranteed, there are various legal strategies that can be explored, such as challenging the legality of the traffic stop, the accuracy of the testing equipment, or procedural errors. An experienced attorney can assess your case and advise you on potential defenses.

Recent FAQ Posts – More Below

Criminal Law FAQs – Assault and Battery

Michigan Criminal Laws FAQs Assault and BatteryAccording to Michigan State Law, Assault and Battery are distinct but often related offenses. There isn't one single statute that explicitly defines both terms together. Instead, their definitions have evolved through...

Other Bodily Fluid House Hearing – HB-4391- Update 5-22-25

Michigan House HearingHB-4391 Saliva Test Update 5-22-25Watch the hearing or read the summary.Click here or image below to see videoFYI: Marijuana although voted to be legalized is still classified as a controlled substance in the State of Michigan and Federally. More...

Criminal Law FAQs – Marijuana Offenses

Michigan Criminal Laws FAQs Marijuana OffensesFAQ 1: Is recreational marijuana legal in Michigan? Answer: Yes, recreational marijuana is legal for adults 21 and over in Michigan. However, there are restrictions on possession, use in public places, and driving under...

Facing an OWI charge in Michigan?

Facing an OWI charge in Michigan can have serious consequences affecting your driving privileges, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s OWI laws (MCL 257.625 et seq.) and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

Komorn Law

When you get an OWI – Better Call Komorn

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

The Case of Cannarbor -v- The Michigan Dept of Treasury

The Case of Cannarbor -v- The Michigan Dept of Treasury

Nice Try…

This case centered on the disagreement between Cannarbor, Inc., a medical marijuana provisioning center operating in Michigan, and the Michigan Department of Treasury concerning the obligation to collect sales tax on the retail sale of medical marijuana. Cannarbor contended that its sales should be exempt from sales tax, pointing to a 2011 communication from a Deputy Treasurer which indicated that transactions between registered caregivers and patients were not considered taxable sales. Conversely, the Department of Treasury maintained that the state’s General Sales Tax Act (GSTA), alongside the Medical Marihuana Act (MMMA) and the more recent Medical Marihuana Facilities Licensing Act (MMFLA), clearly established that retail sales by licensed provisioning centers were subject to sales tax, a distinction from the non-taxable services offered by individual primary caregivers.

The Michigan Court of Claims ruled in favor of the Department of Treasury, a decision that was subsequently affirmed upon appeal. The appellate court underscored that the MMFLA, enacted after the issuance of the 2011 letter, drew a distinct line between primary caregivers, who offer non-taxable support to qualifying patients, and licensed provisioning centers, which conduct taxable retail transactions. The court highlighted the Legislature’s deliberate omission of a sales tax exemption for provisioning centers, in contrast to the explicit exemption provided to primary caregivers for the reimbursement of their costs. Furthermore, the court dismissed Cannarbor’s assertion that its activities were equivalent to those of primary caregivers, emphasizing that the legislative framework itself differentiated these entities.

Finally, the court rejected Cannarbor’s arguments regarding detrimental reliance on the 2011 letter and alleged violations of equal protection and the principle of uniform taxation. The court reasoned that the 2011 letter, predating the MMFLA, was not applicable to the operations of licensed provisioning centers established under the new regulatory framework. Moreover, the court concluded that provisioning centers and primary caregivers were not similarly situated for taxation purposes, as the Legislature had a rational basis for establishing different tax treatments for these distinct categories of actors within the medical marijuana system.

Komorn Law

TIP: When you’re in trouble – Better Call Komorn

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Legal Tip – Driving High on Cannabis in Michigan

Legal Tip – Driving High on Cannabis in Michigan

Driving under the influence of cannabis is illegal and carries serious consequences in Michigan.

We have fought and won many cases from the District Courts, Circuit Courts, Court of Appeals and the Supreme Court through out the State of Michigan. We have also fought and influenced laws and regulations regarding cannabis over the past 15 years+.

Go ahead Google Us – Search Komorn Law

If you are stopped and suspected of driving high:

  • Remain Calm and Polite: Cooperate with the officer’s requests (e.g., providing your license and registration).
  • You Have the Right to Remain Silent: You are not obligated to answer questions beyond basic identification. Politely state that you wish to remain silent.
  • Field Sobriety Tests (FSTs) are Voluntary: You can refuse to participate in roadside field sobriety tests. This refusal cannot be used against you in court, although the initial stop and observations can still be factors.
  • Implied Consent: Michigan has an implied consent law, meaning by driving on public roads, you’ve consented to chemical tests (blood, breath, or urine) if lawfully arrested for a suspected OWI. Refusal to submit to a chemical test after a lawful arrest can lead to immediate driver’s license suspension, even if you are not ultimately convicted of OWI.
  • Document Everything: If possible, note the time, location, officers involved, and any details about the stop.
  • If Arrested, Do Not Resist: Comply with the arrest procedures. If you do resist you need to call us ASAP.

If you need to hire one of the best legal firms in Michigan

If you are arrested for driving under the influence of cannabis, it is crucial to seek experienced legal counsel as soon as possible.

Call Komorn Law to understand your rights and options and to build a strong defense. We specialize in Michigan marijuana laws and can provide the expert representation you need.

When you’re in trouble
Better Call Komorn

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

And more