Court: Driving with THC still illegal

GRAND RAPIDS, Mich. (WOOD) - A state law banning people from driving with any "schedule 1" controlled substance in their body -- including THC, which creates marijuana's "high" -- should stand, the Michigan Court of Appeals ruled Wednesday.

The appeals court overturned a Barry County judge's ruling in the case of the man accused of killing Deputy Christopher Yonkers in a 2008 crash.

The trial judge called the drug law "fundamentally unfair," saying it "does nothing to promote public safety and bears no rational relationship to any legitimate governmental interest."

"There is no rational basis between prevention of impaired driving and criminalizing consumption or passive inhalation of a drug which occurred days or weeks prior to the driving, long after any the impairment ended," the Barry circuit judge ruled.

But a three-judge Court of Appeals panel ruled that the law is constitutional and sent the case back to the lower court for trial.

Justin Malik was charged with negligent homicide, operating a vehicle while intoxicated causing death and operating a vehicle with a suspended or revoked license causing death.

A doctor called in the case said he could not reach a final conclusion as to whether the THC caused any impairment, according to Court of Appeals documents.

To prove that Malik was intoxicated, prosecutors relied on a state law banning driving with schedule 1 drugs present in the body.

Blood tests admitted in court showed Malik had a blood alcohol level of 0.01 percent, 4 nanograms of THC and 15 nanograms of " 11-carboxy-THC ," a THC byproduct created by the body.

Malik challenged the use of that 11-carboxy-THC -- and since his case was heard before the state Court of Appeals, the Michigan Supreme Court ruled that 11-carboxy-THC is not a schedule 1 controlled substance. Lawyers arguing the Supreme Court case said 11-carboxy-THC can stay in the body for weeks after marijuana use and produces no impairment.

The appellate judges ruled that THC still is a controlled substance and it is "still relevant in determining whether he was operating his motor vehicle while intoxicated."

After the initial ruling by the Barry County judge the case against Malik was delayed. The prosecutor's office told 24 Hour News 8 another hearing is set for December, but that may change due to the latest ruling from the Michigan Court of Appeals.