A new report suggests that there should be no legal limit on how much THC can be in your body to consider someone impaired.
Former Governor Rick Snyder created a six-member Impaired Driving Safety Commission.
The board is made up of members of diverse backgrounds including reps from Michigan State Police, a medical marijuana patient, and doctors.
In its findings, the commission is suggesting to lawmakers not to set a measurable limit of THC.
“It’s not like alcohol at all,” Bruce Leach said.
Leach is a local criminal defense lawyer and practices law significantly on matters with marijuana.
Leach says he supports the commission’s decision.
“There is no direct correlation, and no science behind a set number of nanograms equals a certain amount impairment,” Leach said.
The commission found regular users respond differently than occasional users.
“There is a discrepancy of active THC and the long time frame for the metabolite to be in someone’s system. It is very difficult to tell what their level of impairment or intoxication may have been. The real test is how they were driving,” Leach said.
Michigan has a zero-tolerance drugged driving law.
The commission wanted to learn to see if active THC was the reason behind impairment.
Leach says the problem is THC can stay in your body for an extended period.
“Many hours or many days or weeks after someone actually ingested the product,” Leach said.
Studies show there can be behavioral effects when someone ingests cannabis.
The report shows the number of positive tests for cannabinoids in crash-involved drivers has more than doubled over a five-year time frame.
Leach says people need to consume responsibly.
“Me personally as well as everyone I know that I represent everybody wants the safest possible roads,” Leach said.
The report did also look at other states that legalized recreational and medical marihuana.
The plan which went into effect at midnight on Monday, use and possession of marijuana in small amounts in personal homes is not an offense.
Possession in public of amounts for personal use will result in a fine of about $275 for a first time offense and double for the second offense. A third offense within seven years will trigger a criminal investigation, or loss of driver’s or gun license.
Personal use is defined by the country’ Anti-Drug Authority as about 15 grams, though the reform legislation does not name a specific amount. Those with permission to possess cannabis for medical use must be able to present their license to police if confronted in public.
The plan was adopted in 2017 by Knesset after the recommendations of a panel set up by Public Security Minister Gilad Erdan. The reform legislation is temporary and will last three years, at which point the Knesset can decide to make it permanent.
Israel had already increased the number of doctors who can write prescriptions for medical cannabis, removed limits on the number of marijuana growers, made cannabis available at public pharmacies, and made it possible to receive medical cannabis with just a doctor’s prescription.
The new marijuana reform does not apply to soldiers, minors, or those with a criminal record. Minors will, however, be directed to rehabilitation programs as opposed to entering the criminal justice system.
Four people charged with marijuana crimes by Republican former Attorney General Bill Schuette will have their charges dismissed by Democratic Attorney General Dana Nessel.
“Weak cases and changing laws” were cited as some of the reasons for the dismissals in two of the three marijuana cases pending in Nessel’s criminal division, according to a statement from her office. Those who had their charges dismissed were not “major players” in the cases or lacked sufficient evidence to prove their involvement, her office said.
Even remaining defendants in the three cases may be offered pleas to reduced charges so that Nessel’s office can focus on “truly bad actors,” Nessel said in a statement.
“Juries don’t want to convict people on charges concerning something that is now legal,” she said.
Nessel was a vocal advocate for marijuana legalization while on the campaign trail and received support from the cannabis community. After the November voter-approved legalization of marijuana, Nessel encouraged county prosecutors to stop pursuing misdemeanor possession cases.
After the election, then Gov.-elect Gretchen Whitmer said she would pursue executive action or legislation to free inmates and expunge criminal records for those convicted of marijuana crimes.
Among the charges dismissed were those against Mark and Terra Sochacki and Amanda Amsdill related to dispensaries James and Debra Amsdill ran in 2011 in St. Clair, Tuscola and Sanilac counties. The Sochackis were employees of the Amsdills.
The Sochackis had been charged with felony deliver/manufacture of marijuana, while Amanda Amsdill had been charged with conducting a criminal enterprise.
The charges against James and Debra Amsdill were not dismissed, but could be reduced in the future.
After eight years, two circuit court dismissals and two Court of Appeals dismissals, Amanda Amsdill was happy to hear charges against her were dropped but disappointed her parents weren’t also cleared, Amsdill’s lawyer Paul Tylenda said.
“This is certainly a step in the right direction for Michigan and for the Attorney General’s office in Michigan,” Tylenda said. “I don’t think there was any dispute that the previous attorney general loved to overcharge marijuana issues.”
The Sochackis also were relieved by the decision, but are in some ways “broken” by the long legal process, said the couple’s lawyer Michael Komorn.
“Its been devastating to them,” Komorn said. “They’ve gone through a lot.”
Mark Sochacki currently is serving a prison sentence for 2017 assault and robbery charges in St. Clair County, according to online Michigan Department of Corrections records.
Noelle Lathers, who had been charged with delivery/manufacture of marijuana, also had her charges dismissed from circuit courts in Hillsdale and Jackson counties.
Defendants in a third case involving charges in circuit courts in Genesee and Livingston counties may be offered a plea deal to reduced charges.
Coalition to Regulate Marijuana like Alcohol-Proposition 1
The Coalition To Regulate Marijuana Like Alcohol in Michigan released several promotional videos for Marijuana Legalization Michigan Proposition 1 featuring retired Michigan State Trooper Ted Nelson, retired Police Officer and Komorn Law office investigator Steve Miller, Amanda Joslin, Charmie Ghoulson, Josh, Matthew Roman as well some news reports.
Take a look...
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. Use both those rights and Contact Komorn Law Immediately to secure your rights 800-656-3557.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
Laws change – so please consult an attorney before taking any legal action or doing anything you may have the slightest feeling is illegal when it comes to marijuana / cannabis personal or commercial use.
In case you have been sleeping under a rock for the last few years or have had kids and only watch cartoons… it has happened. Canada Officially Legalized Recreational Cannabis at midnight on October 17, 2018.
Historical Quotes
“A date which will live in infamy”…”This is one for the history books”…”We spend a great deal of time studying history, which, let’s face it, is mostly the history of stupidity.”
What will be the famous quote for this Canadian historical event…”It’s about time..eh!!”.
Congrats Canadians
You have now became the largest country in the world with a national legal marijuana marketplace.
BONUS – Hours before a federal official told The Associated Press that Canada will pardon all those with convictions for possessing up to 30 grams of marijuana, the now-legal threshold. That’s just about an ounce…but it’s a start.
Enjoy it. The US is not going to let you have all the glory or revenue for too long.
Anyhow…….
Different Ways
The war on this “drug” has ruined so many lives, several generations and derailed the potential future of so many people that could contribute to the creation of so many good things…in so many different ways.
The next step is clearing the “criminal records” of those who were railroaded, imprisoned or bullied into pleading by prosecutors and law enforcement who are allowed to use every trick in the book (they wrote). It’s time to bring those to light…in so many different ways.
Have you been charged with a crime? Remain Silent and Contact Komorn Law Immediately to protect your rights and freedom 800-656-3557.
The step after that is compensating for the lost time, the money, the life savings and potential that were taken away in the process of defending ones self or the time spent in prison. There is no price for lost time which can not be returned. There is no dollar amount that can be accurately calculated. For every one dollar should be estimated as losing twenty…in so many different ways
Under A Different Light
As the process of legalization creeps it’s way through the USA let us not become sheep. Let us move forward, work harder and create.
Of course the human factors such a power, greed and corruption will still play a part in the legalization process and business part but it will be under a different light.
Of course it will take generations of law enforcement to get the concept of recreational cannabis. They will still find away to make money and destroy lives but it will be under a different light.
Of course the Government will tax it, figure out how to control it and continue to cause conflicts about it so they can keep spending our money and keeping their jobs. That’s human nature… but now it will be under a different light.
Of course there will those who will oppose it and those who want more of it. As long as we don’t pound each other into submission that’s how compromise and progress happens. With cannabis being legal the battle will now be (yes I am going to say it just to mess with the robots)… under a different light.
Let these historical moments be one of the good victories for the people who were victimized by the system.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry. If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, or any other charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act and is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
