11-Carboxy-THC No Longer A Controlled Substance
The Michigan Supreme Court issued an opinion on Tuesday that greatly changes the law concerning the crime of operating a motor vehicle with the presence of a schedule 1 controlled substance in the body.
In a previous case, the Michigan Supreme Court held that 11-carboxy-THC, a byproduct of metabolism created when the body breaks down the psychoactive ingredient of marijuana, is a schedule 1 controlled substance under MCL 333.7212. MCL 257.625(8) makes it unlawful for a person to operate a vehicle if the person has in his or her body any amount of a controlled substance listed in MCL 333.7212. Therefore, the prosecution only needed to establish that a defendant had any amount of 11-carboxy-THC in his or her body while operating a motor vehicle, to be guilty of violating MCL 257.625(8) regardless of whether the person was actually "under the influence" of marijuana while operating the motor vehicle.
In the recent case, the Michigan Supreme Court held that 11-carboxy-THC is not a schedule 1 controlled substance. Therefore, a person cannot be prosecuted under MCL 2.57.625(8) for operating a motor vehicle with any amount of 11-carboxy-THC in his or her system.
Have you or a loved one been arrested for operating a motor vehicle with the presence of a schedule 1 controlled substance in your body, OWI or DUI? If so, a lawyer at Freedman & Freedman may be able to help. We handle OWI defense for clients throughout Warren, Sterling Heights, Troy, Rochester Hills and Royal Oak, Michigan. No matter the unique circumstances of your case, a Michigan DUI attorneycan offer you a free case evaluation and determine what we can do to help you.