Medical marijuana users are not breaking the law if busted driving after firing up some pot ruled the Michigan Supreme Court, (MSC), Tuesday, May 21, 2013.
The ruling stems from an appeal to the MSC in a case out of Grand Traverse County involving a man named Rodney Koon. He was pulled over for speeding 30 miles an hour over the limit.
Rodney admitted that he had smoked some pot, and a subsequent blood test confirmed it.
In the Court’s ruling, the police must show a driver was “actually under the influence” of marijuana for a charge to stick.
“The medical marijuana law “shields registered patients from prosecution for the internal possession of marijuana,” the judges said,” reported wxyz.com.
However, there is still a problem as the law states you can’t drive under the influence of marijuana yet fails to specify what level of pot in the body constitutes being under the influence.
“In a unanimous, per curiam opinion, the Michigan Supreme Court reversed the Court of Appeals, holding: “while we need not set exact parameters of when a person is ‘under the influence’, we conclude that it contemplates something more than having any amount of marijuana in one’s system and requires some effect on the person,” reported jdsupra.com.
“The court suggested lawmakers consider setting a marijuana limit, similar to a blood alcohol level,” according to wxyz.com.
At least there is some headway being made in this very contentious issue regarding medical marijuana. Now if only the legislature, police, local community politicians, and especially the federal government could turn to the same page, the blizzard of litigation involving marijuana might save a whole lot of money, and help those needing this substance.
Opinion from the MSC here.
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“One person dies every 19 minutes from a drug overdose in the United States and that trend is being driven by prescription (Rx) painkillers.” (drugfree.org)
If you or a loved one needs help with any type of drug abuse/addiction problem, contact these sites depending on where you live. SEMCA (Wayne County residents), CARE (Macomb County residents), PACE (Oakland County residents), Drug Free Detroit (City of Detroit residents). For those residing outside the State of Michigan, contact SAMHSA for assistance. For assistance with medical marijuana issues contact The Michigan Medical Marijuana Association, Michigan Medical Marijuana Certification Center, or greentreesdetroit.com, phone number: (313) 967-9999, or (248) 677-2888.
Substance abuse and mental health treatment locator here: SAMSHA