Many of our peers have asked, “how did you do it?”  They want to know how we (at Neil Rockind, P.C. Criminal Defense Lawyers) convinced a judge to declare MCL 257.625(8), the statute prohibits the operation of a motor vehicle with the presence of any controlled substance in one’s system, unconstitutional.  Not only did we convince the judge of that but we also convinced her that Marijuana was improperly classified in Michigan as a Schedule 1 controlled substance.  Here is the brief behind the landmark opinion:

The Brief: Operating With the Presence of Drugs is Unconstitutional and Marijuana Is Not a Schedule 1 Controlled Substance