Not Illegal to Have Metabolized THC in Your System While Operating a Vehicle

One June 8, 2010 the Supreme Court of Michigan decided the case People v George Evan Feezel, 486 Mich. 185; 783 NW2d 67 (2010) and held that it is not illegal to have metabolized Tetrahydrocannabinol (THC) – scientifically known as 11-carboxy-THC – in your system while operating a motor vehicle.

 

Metabolized THC occurs in your system when the THC metabolizes. There is no known pharmacological effect of having 11-carboxy-THC in ones system.

 

While THC (the active ingredient in marijuana) remains a schedule one controlled substance, metabolized THC (11-carboxy-THC) is not.

 

Please note that operating a motor vehicle with any amount of THC in your system is still illegal – even if you have a medical marijuana registry card. People v Feezel simply allows those operating a motor vehicle with metabolized THC (11-carboxy-THC) alone in their system an affirmative defense to prosecution.

 

If you are involved in a case concerning metabolized THC, please feel free to contact us for a consultation.

 

Michael D. Hills

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