Is There a Certain Level of Drug in an Individual’s System That Warrants an Arrest?

Interviewer: Does Michigan have specific laws on levels of drugs in people’s system, either illegal or prescription?  Do they look at metabolites versus active compounds?  Do they look at just the level?  What’s the law say?

Attorney Tafelski: Pretty much in Michigan the law concerns illegal drugs.  Any amount is enough for them to convict you of operating under the influence of drugs or operating under the influence of controlled substance.

Michigan Has Passed the Medical Marijuana Law

Interestingly, though, Michigan just passed the medical marijuana law within the last couple of years and there was recently a court of appeals case that said if you had a medical marijuana card and you’re stopped while driving, they have to be able to prove that you are actually impaired by the marijuana.

Whereas if someone who does not have a medical marijuana card gets stopped and they suspect them of being high and they arrest them and take their blood and they show that they have THC in their blood, that alone is enough for someone who doesn’t have a medical marijuana card to be convicted of operating under the influence of drugs.

I guess it would be similar for Vicodin, for example.  You can drive if you have a Vicodin prescription, but you can’t drive if you don’t have a Vicodin prescription and just taking Vicodin.

In other words, having that prescription for marijuana now might save you from being arrested for operating under the influence of drugs, whereas the person who doesn’t have that prescription is going to be arrested and will be treated just as if they are drunk driving.

Posted in: Drug Crimes
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