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Friday, June 17, 2016

Senate Bill 207 - Roadside Saliva Test Bill Will Test the Limits of Civil Liberties Based on Flawed Theory

by Richard C. Clement - Friends of George Cushingberry Jr.


      Senate Bill 207 sponsored by Michigan State Senator Rick Jones will allow a sworn police officer to require you to take a saliva test if you are sitting in the driver’s seat of a vehicle whether it is moving or not. It is vaguely worded so that the officer may arrest you if you test positive for the presence of marijuana in your system for operating a motor vehicle, including if the car is parked. 

Senate Bill 207 reads as follows:
SEC. 625R. (1) A PEACE OFFICER WHO IS CERTIFIED AS A DRUG RECOGNITION EXPERT AS THAT TERM IS DEFINED IN SECTION 625T IN A COUNTY PARTICIPATING IN THE ROADSIDE DRUG TESTING PILOT PROGRAM UNDER SECTION 625T WHO HAS REASONABLE CAUSE TO BELIEVE THAT A PERSON WAS OPERATING A VEHICLE UPON A HIGHWAY OR OTHER PLACE OPEN  TO THE PUBLIC OR GENERALLY ACCESSIBLE TO MOTOR VEHICLES, INCLUDING AN AREA DESIGNATED FOR THE PARKING OF VEHICLES, WITHIN THIS STATE AND THAT THE PERSON BY THE CONSUMPTION OF A CONTROLLED SUBSTANCE, MAY HAVE AFFECTED HIS OR HER ABILITY TO OPERATE A VEHICLE, OR REASONABLE CAUSE TO BELIEVE THAT A PERSON HAD IN HIS OR HER BODY ANY AMOUNT OF A CONTROLLED SUBSTANCE LISTED IN SCHEDULE 1 UNDER SECTION 7212 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7212, OR A RULE PROMULGATED UNDER THAT SECTION, OR OF A CONTROLLED SUBSTANCE DESCRIBED IN SECTION 7214(A)(iv) OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7214, MAY REQUIRE THE PERSON TO SUBMIT TO A PRELIMINARY ORAL FLUID ANALYSIS ADMINISTERED UNDER THIS SUBSECTION.

Senator Rick Jones(R-24)
How do you get the job as a Drug Certification expert?  This newly created position will pay for itself by the number of stops with saliva tests and bonuses for convictions. Otherwise, this is another cash cow contract for consultants who “understand marijuana”, just like the ones who attended the Attorney General’s presentation on clearing the air regarding Medical Marijuana. Their expertise was based on research stating the Marijuana and Xanax will cause death due to a lethal combination of the two substances.



Clearly Michigan’s law for a level of intoxication under the influence of cannabis has not been defined. A challenge to Sen. Jones regarding the influence of marijuana over alcohol was made to him but he declined the offer.  The challenge was that for every shot that he takes with his favorite liquor, I will take one toke on a joint.  Then we will drive a car on a test track set up by the Michigan State Police in Lansing. At every 10 intervals of toking and drinking, impairment levels will be tested.

Furthermore, this bill will be only implemented in “Test Areas” for perfection until it is implemented statewide. This is an admission on the State of Michigan that the bill is flawed and, will be fixed on the fly while people are incarcerated at the same time. This bill will be a cash cow for cash strapped counties that need new revenue.


Defense attorneys should have a field day with this one because this is a poorly written bill that will cost citizens and the State a lot of money. Other derogatory factors are racial profiling, and law enforcement abuse. County prosecutors who are zealots against marijuana will use this law to enhance their county treasuries on the backs of the citizens statewide. If you are a civil libertarian, medical marijuana user, or concerned citizen, you are strongly urged to contact Governor Rick Snyder not to sigh this bill into law.  Finally ask your State Representatives about where they stand on this bill before you vote for them in August 2016.

2 comments:

Pastor M said...

What counties?

Friends of George Cushingberry said...

Pastor M - We do not know as of yet but when we do, it will be on! The sheriffs and prosecutors lobby has struck again..

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