Zero THC Tolerance for Under 21 Drivers in MI
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
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
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
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 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:
