The Michigan Supreme Court ruled 5-4 on June 21, 2006 in the combined cases of Michigan v. Derror (Case No. 129269) and Michigan v. Kurts (Case No. 129364):

“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 I 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), which prohibits the operation of a motor vehicle with any amount of a schedule I controlled substance in the body…

Additionally… [we] hold that, in a prosecution under MCL 257-625(8), a prosecutor is not required to prove beyond a reasonable doubt that the defendant knew that he or she might be intoxicated. Rather, the prosecutor need only prove that the defendant had any amount of a schedule I controlled substance in his or her body.”

June 21, 2006 - Michigan v. Derror & Michigan v. Kurts