by Ted Heitor
Finally some good news came from the Michigan Supreme Court that allows medical marijuana patients to operate a motor vehicle with marijuana in their system. As we all know, marijuana can show up on a blood test thirty days or more after using it. Washington, Nevada, Ohio, and Colorado have set specific legal driving limits of a certain number of nanograms of THC in a driver's blood, and the court recommended that Michigan do the same before long. As for now, an officer will have to prove that you are impaired by administering roadside field sobriety tests before taking you in to get your blood drawn. Police will also have to show proof that the driver was “under the influence” of marijuana for charges to stick.
The case started in 2010 when Rodney Koon, a medical marijuana patient, was
stopped for speeding-going over 30 mph over the speed limit. Koon admitted
having smoked medical marijuana earlier in the day and police believed this
admission was enough to warrant a blood test. "I was honest ... that was my
mistake," said Koon, who uses marijuana for a variety of ailments,
including herniated discs in his back, a pinched nerve in his neck, rheumatoid
arthritis of the spine and stomach problems. The test revealed the drug in his system and
Rodney was charged with DUI. Grand Traverse County Prosecutor Alan Schneider
based his case against Koon on a law that finds a person guilty if he tests
positive for the smallest detectable amount of a controlled substance. But two
area judges disagreed. They said the Michigan Medical Marijuana Act supersedes
a state controlled substance law and ruled Schneider must show that the legal
use of medical marijuana impaired Koon's ability to drive a car. "Evidence
of impairment is a necessary requirement," wrote 13th Circuit Court Judge
Philip Rodgers.
"The (prosecutor) has not alleged ... the defendant's actions and
mannerisms at that time indicated a visible or substantial impairment with
regard to his driving," Rodgers wrote. He also noted the medical marijuana
act states that certified users cannot be "subject to arrest, prosecution,
or penalty in any manner ... for the medical use of marijuana." Schneider
disagreed with Rodgers' ruling and appealed it to the Michigan Court of
Appeals.
The appellate court said the state’s “zero tolerance” law, which prevents
motorists from operating a vehicle with any amount of a Schedule 1 controlled
substance in their body, still applies for drivers who legally use medical
marijuana. Thus, the Court of Appeals determined that the MMMA permitted
defendant's prosecution under the zero-tolerance statute even though he
possessed a valid medical marijuana registration card.
This time it was Rodney Koons’ chance
to appeal. Without even having a formal hearing, court unanimously overturned
the appeals court decision in the case of the Grand Traverse County man. While
noting that the act prohibits driving while "under the influence,"
the state's highest court took issue with the appeals court's strict
interpretation of the law. The state high court said medical marijuana
users have some protection regarding their right to drive. The court concluded
that “driving under the influence” contemplates something more than having any
amount of marijuana in one's system and requires some effect on the person. The
act's protections extend to a registered patient who internally possesses
marijuana while operating a vehicle as long as they can pass a field sobriety
test. Drive Safe!
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