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Today Michigan signed a new law making the anti-depressant tianeptine sodium into a schedule 2 controlled substance. Tianeptine sodium was previously unlisted as a controlled substance in any state or on the federal level.

What is Tianeptine Sodium?

Tianeptine sodium is used as an anti-depressant drug. It is considered an atypical anti-depressant, which means it does not work like your average anti-depressant, such as Prozac. Tianeptine acts by producing opioid-like effects which create a euphoric feeling.

Why Was Tianeptine Sodium Made a Controlled Substance?

There were several bad overdoses from the drug in the Saginaw and Midland areas last year. These concerns led the Michigan State Police to lobby a state lawmaker to take action. The opiate like effects of the drug are likely why people are using it in a recreational way.

Assault with a self-defense spray or foam is a misdemeanor, punishable by up to two years in prison, a $2,000 fine, or both. The law instructs judges to consider enhancing a person’s sentence where there is an assault or threat of use of self-defense spray.

A person may use self-defense spray in self-defense, which is discussed below.

What is Self-Defense Spray?

Self-defense spray is a device which uses as a projectile a chemical solution which includes;

Yes, the smell of marijuana gives a police officer probable cause to search a vehicle.

The Law

The Fourth Amendment provides that police officers need a warrant to conduct a search. There is an exception for the searches of cars, however. Under this warrant exception, a police officer can search a vehicle if there is probable cause to believe a crime has been committed or is being committed.

In the case of People v. Kazmierczak, the Michigan Supreme Court ruled that the smell of marijuana from a vehicle is probable cause if the officer is qualified to detect the odor of marijuana.

Possession of a firearm by a person convicted of a felony is a felony itself. Anyone convicted of a crime who wishes to possess a gun should read the below law carefully.

When this article says “possess,” that refers to the possession, use, sale, transport, purchase, ship, carry, receive, or distribute a firearm or ammunition (basically anything related to the firearm is to be avoided).

Be sure to read the definition of “felony” and “specified felony” at the bottom of the page to be sure all bases are covered.

In California last year a man was charged with driving under influence. The only substance in his system – caffeine.

The police officer observed erratic and reckless driving, and believed the man to be under the influence of drugs when the man was amped up and agitated. A drug test came back negative for all substances except caffeine.

The prosecution refused to drop the charges for almost a year, convinced the man must have been under the influence of something. Eventually, the charges were dropped.

In A Few Words

No, drinking and driving in your own driveway is against the law, with a possible exception discussed below.

Background

This rule comes from the Michigan Supreme Court case of People v. Rea. The Court found that even a private driveway falls under the drunk driving statute.

In this case, Defendant Gino Rea drove his car out of his garage but was stopped by a police officer in the upper part of his driveway next to his house. Rea’s driveway began on the street, passed to the right of his home, and extended to a detached garage in Rea’s backyard. There was no physical barrier preventing access from the roadway onto the driveway.

In Michigan, it is against the law to operate a vehicle while intoxicated by an inhalant such as glue, paint, or other chemical agent.

What is an Inhalant?

A solvent chemical absorbed into the body through inhalation (huffing) is an inhalant.

Solvents are chemical agents often found in everyday household products. Such chemicals include benzene, toluene, chloroform, Freon, methanol, and other coolants, glues, and paints.

It depends. This is a common question I’m asked when a person is facing probation.

Probation is a period of time following a conviction where a judge will set up requirements and prohibitions for the person convicted of a crime.

All Judges Are Different

What happens on probation is ultimately up to the judge, and all judges are different.

Here at ArborYpsi Law we focus on a couple of areas of law where we can especially be of service.

Drinking and Driving Cases

ArborYpsi Law represents people accused of drinking and driving. A DUI is a crime that is easy to commit and serious at the same time. A DUI conviction will be on your record for life. There is no such thing as an expungement for a DUI. Whether the conviction is for operating while intoxicated or operating while visibly impaired doesn’t matter – at the end of the day, a future employer will look at your record and see a drunk driving conviction. We take these cases seriously as they should be treated. Read our ArborYpsi Law DUI Blog for all our articles on this topic. Have you been charged with driving under the influence? Call for a free initial consultation and we will talk about the law, the process, your options, and what we can do for you.

Marijuana Law

The law on marijuana has changed dramatically over the last decade. ArborYpsi Law has kept pace with it all. First we saw medical marijuana become legal. Then the medical marijuana court battles that followed. Years later the state introduced the business side of medical marijuana. Before that really went into effect the wise residents of Michigan voted to make marijuana legal for recreational use. This will probably result in a new host of legal issues which ArborYpsi Law will be there every step. We keep on the forefront of the science and law of operating while intoxicated by marijuana, which will be the new field of OWI law for criminal defense practitioners to focus on. Do you have any medical marijuana or marijuana-related legal issues? Call us and we can help.

Anabolic Steroids are a Schedule 3 Controlled Substance, which means it is illegal to use or possess anabolic steroids without a prescription.

What is an Anabolic Steroid?

An anabolic steroid is a type of drug that promotes muscle growth. These drugs are used by bodybuilders and athletes because of the potential to increase athletic abilities and muscle mass.

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