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Monday, January 31, 2022

Michigan News - January/February 2022

 



Zero THC Tolerance for Under 21 Drivers in MI


A January 20, 2020, Michigan State Police legal update regarding marijuana and driving states that persons under the age of 21 may be prosecuted for operating a motor vehicle with any amount of THC in their system.

In a case known as People v. Perry, 18 year old Perry was driving her car and was in an accident.  Officers on the scene smelled weed in her vehicle, and Perry admitted to smoking a blunt.  She then submitted to a blood test which revealed 4 nanograms of THC per milliliter, and she was charged for driving with “any amount” of a schedule 1 controlled substance in her system.  

Perry contested that the Michigan Regulation and Taxation of Marihuana Act (MRTMA) prevented criminal prosecution, and that she was only responsible for a civil infraction under the MRTMA.  

The district court denied her motion, and the court of Appeals confirmed their assessment.  The court ruled that “persons under the age of 21 remain subject to criminal penalties for being under the influence of marihuana while driving, for consuming marihuana while operating a vehicle, or in the case of Perry, for operating a motor vehicle with the presence of “any amount” of marijuana in their system in violation of MCL 257.625(8).

The bulletin ends by reminding officers that those 21 and older may not be prosecuted under the exact same circumstance solely for having “any amount” of THC in their system unless the evidence shows the weed had “some effect” on the driver, and encourages police to continue to investigate and document evidence of impairment or intoxication in all such situations.



Weed Still Being Seized by Feds at Canada Borders


Large marijuana busts are still taking place at Michigan’s Canadian borders.  On January 20 at the Blue Water Bridge, which spans the gap between Port Huron and Sarnia, U.S. Customs and Border Protection stole 2,027 pounds of marijuana, found in 15 wooden crates on a commercial shipment headed to Columbus, Ohio.

Customs has been in the news several times this past year.  In June officers stole 265 pounds from a man using a personal submarine to smuggle pot across the border.  U.S Customs and Border Protection stole a total of 14,435 pounds of weed in 2021, up from less than 1,000 pounds in 2019.  Federal officers claim they are committed to keeping “illicit” substances off the streets.



Genesee County Jail to Scan All Mail, Cites Drugs


Genesee County Jail has had an “uptick” in hard to detect drugs being smuggled in through the mail, according to Captain Jason Gould of the Sheriff’s Department.  The Sheriffs office cited suboxone, a drug used to replace opioids, and methamphetamines as just two examples of drugs that can be converted to liquid and applied to paper.  Once dry the paper is used to write a letter and mailed to the prisoner.  Pieces are then torn off the sheet and ingested.

The jail has already begun installing electronic kiosks from which inmates may read scanned versions of their mail.  “This is something I’ve wanted to do for a long time,” said Sheriff Chris Swanson of the new scanning system.  All mail will now be opened and converted to an electronic image, the inmates will no longer have any access to their actual mail.

Other correctional facilities have also started using similar ways of handling inmate mail.  Oakland County Jail, for example, switched to a scanned electronic format in 2020, the same year the Michigan Department of Corrections stated it had begun photocopying all mail and allowing inmates to only access the copies.  

The cost to the taxpayers for the new system was not reported.


Roadside Weed Tests in the News Again


The issue of roadside tests for marijuana in Michigan has once again hit the news.  NPR
reports that state Rep. Gary Howell (Rep) has sponsored HB 4701 which would allow police to test drivers for THC, when the technology becomes available.  Howell believes officers relying on their own judgment is not the solution.

No action was taken by the committee, State Rep. David LaGrand (D) stood opposed to the idea of a test without a standard.  



Delta-8 Regulation Emails Available Online


The MM Report released the results of a Freedom of Information Act request to the MRA in January.  The correspondence between the MRA and industry stakeholders consists of nearly 600 pages of emails.  

The FOIA request begain in August of 2021 in response to the sudden regulation of delta-8 THC by the Michigan Marijuana Regultory Agency.

The communications are available to all at: