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PEOPLE v. DERROR

Docket Nos. 129269, 129364.

715 N.W.2d 822 (2006)

475 Mich. 316

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Delores Marie DERROR, Defendant-Appellee. People of the State of Michigan, Plaintiff-Appellant, v. Dennis Wayne Kurts, Defendant-Appellee.

Supreme Court of Michigan.

June 21, 2006.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Alan Schneider, Prosecuting Attorney, and Robert A. Cooney, Deputy Civil Counsel, Traverse City, for the prosecution in Derror.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Henry C. Zavislak, Prosecuting Attorney, and Jerrold Schrotenboer, Chief Appellate Attorney, Jackson, for the prosecution in Kurts.

State Appellate Defender (by Christine A. Pagac), Detroit, for Delores M. Derror.

Jerry M. Engle, Jackson, for Dennis W. Kurts.

CORRIGAN, J.

In these consolidated appeals, we are called upon to determine whether 11-carboxy-THC, a "metabolite" or byproduct of metabolism created when the body breaks down THC (tetrahydrocannabinol), the psychoactive ingredient of marijuana, is a schedule 1 controlled substance under MCL 333.7212 of the Public Health Code. We hold that it is. Thus, a person operating a motor vehicle with 11-carboxy-THC in his or her system may be prosecuted under MCL 257.625(8...

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