Michigan Driver Who Uses MMJ Wins Appeal

May 22, 2013

The Michi­gan Supreme Court ruled Tues­day that med­ical mar­i­juana users aren’t auto­mat­i­cally break­ing the law if they’re caught dri­ving after using the drug. The court unan­i­mously over­turned an appeals court deci­sion in the case of a Grand Tra­verse County man, Rod­ney Koon. He was stopped in 2010 for speed­ing — going nearly 30 mph over the limit. Koon admit­ted hav­ing smoked med­ical mar­i­juana ear­lier, and a blood test revealed the drug in his sys­tem. It’s ille­gal for Michi­gan dri­vers to con­sume mar­i­juana. But the state high court said med­ical mar­i­juana users have some pro­tec­tion. The court says police must show that a dri­ver actu­ally was “under the influ­ence” of mar­i­juana for a charge to stick. Michi­gan vot­ers approved med­ical use of mar­i­juana in 2008. The med­ical mar­i­juana law “shields reg­is­tered patients from pros­e­cu­tion for the inter­nal pos­ses­sion of mar­i­juana,” the judges said. At the same time, the law pro­hibits dri­ving “while under the influ­ence of mar­i­juana.” But it fails to spec­ify what level of mar­i­juana in the body con­sti­tutes being “under the influ­ence,” the opin­ion said. The court sug­gested law­mak­ers con­sider set­ting a mar­i­juana limit, sim­i­lar to a blood alco­hol level. “It goes almost with­out say­ing that the (med­ical mar­i­juana law) is an imper­fect statute, the inter­pre­ta­tion of which has repeat­edly required this Court’s inter­ven­tion,” the jus­tices said. “Indeed, this case could have been eas­ily resolved if the (law) had pro­vided a def­i­n­i­tion of ‘under the influ­ence.’” Rul­ing: http://​drugsense​.org/​u​r​l​/​9​b​q​m​5​UTK Source: Asso­ci­ated Press (Wire) Pub­lished: May 22, 2013 Copy­right: 2013 The Asso­ci­ated Press

 Michigan Driver Who Uses MMJ Wins Appeal

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Michi­gan Dri­ver Who Uses MMJ Wins Appeal

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