MM Patients Can NOT Drive in Michigan!

[FatMarty]

Michigan's medical marijuana law is no protection for drivers, appellate court says

Published: Wednesday, April 18, 2012, 11:09 AM Updated: Wednesday, April 18, 2012, 11:26 AM

By John Agar | [email protected]The Grand Rapids Press


GRAND RAPIDS, MI – Users of medical marijuana cannot legally drive if they have any amount of the drug in their systems, the state Court of Appeals said in a ruling issued this morning.
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.
The ruling came in a Grand Traverse County case in which Prosecutor Alan Schneider charged Rodney Koon with driving under the influence.
A circuit judge upheld a district judge’s ruling that jurors in Koon’s trial would not be told that any presence of marijuana in Koon’s system would be enough to convict.


The circuit judge ruled that the medical marijuana law superseded the zero-tolerance law.
Schneider also disagreed with the judges’ rulings that, under the medical marijuana law, he had to prove the driver was under the influence of the drug. State law prohibits any amount of marijuana in a motorist’s body.

According to the ruling, police stopped Koon for driving 83 mph in a 55-mph zone. Koon admitted to drinking one beer after an officer detected intoxicants, and admitted he used marijuana five or six hours earlier. He told the officer he had a medical marijuana card.
A blood test showed he had active THC in his system.

The appeals panel – David Sawyer, Peter O’Connell and Amy Ronayne Krause – said the medical marijuana law recognized circumstances where medical marijuana use would be not permitted.

“One of those exceptions specifically states that the protections will not apply to operating a motor vehicle under the influence of marijuana. … This is certainly not an irrational provision. For example, it is not uncommon for a medication, whether prescription or over the counter, to be accompanied by a warning not to drive while using the medication.”
The problem is, the medical marijuana law doesn’t define “under the influence of marijuana,” the justices wrote.

“What we are left with is the (medical marijuana law), which affords a certain degree of immunity from prosecution for possession or use of marijuana for a medical purpose, and the Michigan Motor Vehicle Code, which prohibits operating a motor vehicle while there is any amount of marijuana in the driver’s system.”

It said the medical marijuana law, or legislators, could have rescheduled marijuana from a Schedule 1 controlled substance.

The court said that the medical marijuana law didn’t create a right to use marijuana, but provided protection from prosecution for possessing an illegal drug.
Koon contended that he had the “right” to “internally possess” marijuana, and, if he didn’t break any laws, could go about his “day-to-day activites, including operating a vehicle.

The medical marijuana law was supported by 63 percent of voters in 2008.

The justices called the medical marijuana law an "inartfully drafted act."

http://www.mlive.com/news/grand-rapids/index.ssf/2012/04/michigans_medical_marijuana_la.html#incart_river_default

Wow this is a real bite for so many.
There needs to be some relief here or a card could be a reason for them to test, etc.
This is just a real tragedy for patients.

Sure hope this is worked out soon.
Wow.

 

[HomeLessBeans]

Fading back to Black looks better and better!

 

[kountdown]

I'm sure this one will be heading to the Michigan Supreme Court.

 

[bloodytrichomes]

fast as helllll

 

[FatMarty]

Anyone hear what the House did today, if anything, on that package of mm bills?

 

[kindfarms420]

here's a good idea dont break the laws while driving and you won't get pulled over driving 85 in a 55 is dumb and that makes it look worse for med patients because that makes it look like all people that medicate are outta control behind the wheel or something... i dont think that this will be made into a law unless they make it the same way for people that use pills

 

[treetopmmmp]

i dont think that this will be made into a law unless they make it the same way for people that use pills

Unfortunately it already IS the law. Hopefully patients can get a good ruling
in a higher court.

treetopmmmp

 

[bob harris]

http://www.mlive.com/news/grand-rapids/index.ssf/2012/04/michigans_medical_marijuana_la.html#incart_river_default

Wow this is a real bite for so many.
There needs to be some relief here or a card could be a reason for them to test, etc.
This is just a real tragedy for patients.

Sure hope this is worked out soon.
Wow.

The article says that they did a blood test, and that it showed "active thc" in his system...does that mean they are not using a positive urine test as "under the influence"?....

 

[bmf725]

Bob I would hope they use the blood testing. I believe from what I had researched active THC does not last very long in your blood 4-8 hours. I hope they don't include the metabolites of marijuana as being under the influence.

 

[FatMarty]

I don't know Bob.

But I hear you on the particulars - active THC vs. the residuals.

We know Scheutte and friends will sieze upon this to arrest patients if they can rationalize it with this ruling.
I've heard active THC is usually just a few hours; but what about medibles and all that?
It seems a med user could probably test high 2 days after no consumption.

I don't know man - this could really be bad.
Guess we have to wait for more info before we freak...

I went over to that other site earlier today and read a couple threads.
It's a lot calmer, at least in the activism threads, than it was and it looks like they are now trying to work together.

The reason I mention this is that tonight Korman does that radio show gig from 8 to 10 pm.
Might be a good spot to hear what some of the lawyers think.

<a href="http://www.blogtalkradio.com/planetgreentrees/2012/04/19/episode-84-cannabis-testing-mi-legislative-update">Radio Show</a>

 

[kindfarms420]

i think its funny people sketch out about it even if it is the "law" it was the same law before "medical marijuana" was in michigan and i guarantee that 98-100% of the people on here have been driving high before "medical" was here... i have NEVER ever got pulled over for not doing anything so DRIVE CORRECTLY and there won't be any issues, also dont smoke in your car thats why it usually smells in the car..

 

[Medical420MI]

This is bull spit! I hope the supreme court justices overturn this ruling. How can they say you are intoxicated 4+ hours after smoking? We need to reschedule mj on both the state and federal level already.

 

[delstele]

Can you say revenue? Come on boy's and Girls I know you can,, Say it slow... rrreeevvvaaannuuuee.. See now we all understand the government is involved.... Hey Obamamy can you get Mr SueTee off my ass.. UM ok I'll have My boy's look into it.. MMMM...KKKK!

 

[tomcatjones]

http://www.marijuanapatients.org/Legal/oakland-county-michigan-reclassifies-marijuana-from-a-schedule-1-narcotic.html



ummmmm.... no one remembers?

marijuana is no longer a schedule 1 drug.

so whats all the fuss



we just run with this and we'll be fine!!!!!



we just need the higher courts to agree!

 

[Timmahh]

problem with that issue tomcat, is they have (SC) stated NON Active TCH is not on the schedule 1 list. but that does not include THC-A, which is the active ingredient.

Generally, TCH can elevate quite high in the first 20 to 30ish minutes after ingestion, and then sharply drops, to generally around 5 to 8 ng level. But THC-A can take up to 24 to 72 hrs to fully turn into inactive THC, that the SC ruling has said is not a Schedule 1.

So Patient that medicate often, daily, are likely to always have a moderate level of Active TCH in their system, but that moderate level does not generally imply impairment, just that some amount of active level is still in the blood stream. Now Take a cancer survivor/patient, or in bob's case. MS, they may use up to 4, maybe 6 grams of ingested oil a day for treatment, or perhaps medicates throughout the day to titrate the dose better thru a 24 hr period. Now generally, in most cases, eating dont get you Head High, but it can. Difference is those eating TCH, are probably going to have a higher level of TCH-A in their system, but that again, does not equate to impairment.

what this CoA ruling actually deos, is codify ANY amount of TCH in someones system, Active or not, equates to impariment, and thus illegal use of a motor vehicle while TCH is detectable in any form in the body, under the PHC.

Like it or not, that is the Fact of the matter now.

Now, in this case, the CoA, didn't need to reach to far to corrupt this decision. But Corrupted it is, as we are well aware. Interesting fact, out of 28 CoA judges, O'Connel of the 4th District has been on about 75% of the CoA MMJ Cases where the MMM Act is part of the case....

 

[gladstoned]

Belle has a dui case in court of appeals. Has been for years.

 

[gladstoned]

Belle has a dui case in court of appeals. Has been for years.

Yep just getting home. Belle thought she had the first case and this dude got popped before her and they have been waiting on outcome of this case, which is complete bullshit cuz Belle was going 5 over and wasn't drinking. Nothing like having some fucking drunk dude going 20 over testing the law. lmao.

 

[FatMarty]

Well fuck everything - we are really getting hosed.

That was a real good radio show, and Rep. Durhal was inspiring in his defense of the laws intent.

So Glad - does this mean Belle is facing more trouble?

 

[gladstoned]

Don't think so. ...fuck I don't know. lol.
I still today do not know why she couldn't go to a jury. She lost her license for like a year or more while on bond. Then was found guilty and the state took it. I think she just got it back last week. lol. She was counting on getting a bunch of money back if she won the appeal. lol. ya right!

 

[bob harris]

My hope would be that if they can identify active thc with a blood test, then they could have an "over/under" number, similar to alcohol.