Where is it the law that the byproduct of metabolizing THC is the same as THC? Despite the fact that the court has decreed it so, the two are not the same.
The law in this case was against driving while under the influence. The evidence for marijuana was established to be THC under that law. By fiat, the judiciary has now negated the chemistry that differentiates THC from its metabolized derivative.
The intent of the law, IMO, was to use THC levels to detect the impairment of driving in a measurable manner. The rewriting of the law to include non-impairing derivatives - in direct contradiction of the physical properties of the two substances - is breathtaking.
Michigan penalizes driving with the presence of carboxy THC in the body. Read the article.
Man pleads guilty in child's traffic death
Saturday, June 17, 2006
By Steven Hepker
email@example.com -- 768-4923
A 25-year-old Jackson man who has never had a driver's license pleaded guilty Friday to causing the traffic death of his girlfriend's son.
Circuit Judge Chad Schmucker will sentence Mario Morgan on July 26.
Morgan was driving a 1999 Mitsubishi on Lansing Avenue at 6:30 a.m. Nov. 10 when he claims he fell asleep. The car crashed into a bridge abutment.
Da'Shaun Ingram, the 4-year-old son of Shiree Thomas, died instantly in the crash, according to Blackman Township police.
Police did not order blood tests because they did not suspect Morgan had been drinking. However, blood drawn as part of his treatment at Foote Hospital showed traces of marijuana, prosecutors allege.
Assistant Prosecutor Nick Mehalco Jr. received the test results through a court order.
Prosecutors charged Morgan with driving on a suspended, revoked or denied license causing death. Morgan told Schmucker he never had a license.
While Morgan was not charged with driving under the influence of drugs, the presence of the marijuana byproduct carboxyl THC in his blood could impact his sentence, Mehalco said in a Friday hearing.
No, the law is a zero-tolerance law. zero means zero, not an amount that would cause intoxication.