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Home > State By State Laws > Michigan (duid)

Michigan

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Michigan has a zero tolerance per se drugged driving law for cannabis and other controlled substances. Although Cannabis metabolites are excluded under the statutory language of the drugged driving law, MCL 257.625(8), Michigan’s Supreme Court has ruled that cannabis metabolites are included as well. (Michigan v. Derror).

Penalty:

  • Community service for not more than 360 hours or/and Imprisonment for not more than 93 days or/and A fine of not less than $100.00 or more than $500.00.
  • If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following: Imprisonment for not less than 5 days or more than 1 year and/or Community service for not less than 30 days or more than 90 days.
  • If the violation occurs within 10 years of 2 or more prior convictions, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following: Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years and/or Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days.
  • The court may order vehicle immobilization for not more than 180 days.

Michigan's law took effect in October 2003.

Every state has DUID (driving under the influence of drugs) legislation on the books. These laws fall into three distinct categories: Effect-Based DUID Laws, Per Se DUID Laws, "Zero Tolerance" Per Se Laws. For more information see NORML's report on Drugged Driving(DUID).



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