In this Washtenaw County case, while Feezel was driving he encountered an intoxicated pedestrian in the middle of the street. Feeszel collided with the pedestrian whom died as a result of the accident. Feezel’s blood was analyzed which contained 6 nanograms of a THC metabolite called 11 Carboxy THC. Feezel was charged with OWI causing death and operating with the presence of a schedule one controlled substance. The trial judge refused to admit the evidence that the victim was extremely intoxicated. Feezel was convicted and appealed.
Michigan law prohibits a person from driving with any amount of a schedule one controlled substance in their body. THC is a schedule one controlled substance. The question was whether the THC metabolite was a derivative of THC thus making it a schedule one. The Michigan Supreme Court ruled that it was not. In order to be convicted of Operating with the presence of drugs it must be active THC and not a metabolite. The court also ruled that the victim’s intoxication was material and should have been admitted into evidence.