Michigan’s citizens have voted for the legalization of adult use marijuana which will become effective Dec 6, 2018. The laws that legalize marijuana do not clearly address and define many important issues pertaining to the legal adult use of marijuana.
Resolving the looming intricate details will require years or maybe a generation of interaction between lawmakers and the courts.The “lawful” use of marijuana in the State of Michigan will continue to bear legal risks, including the possibile criminal prosecution.Marijuana is still a schedule I drug.
One such subject relates to the combination of marijuana and driving. Michigan’s laws addressing intoxicated driving provide that it is unlawful to drive under the influence of or while impaired by alcohol, drugs or a combination of alcohol or drugs.
There is a zero-tolerance provision in the law for drugs appearing on the federal government’s “schedule I.” This means that if any amount of such drug is found in a driver’s blood, they are guilty of intoxicated driving, even if such drug had no impact on their ability to drive. Conviction for intoxicated driving under this zero-tolerance provision could result in punishments that are identical to those ordered for drunken drivers, including significant fines and costs, probation, the suspension of driving privileges and even possible incarceration.
In 2013 the Michigan Supreme Court carved out an exception to this zero-tolerance provision for medical marijuana users. This exception was based on an interpretation of specific language in the Michigan Medical Marihuana Act suggesting that zero tolerance should not apply to patients properly using medical marijuana. For several years prior to this ruling however, medical marijuana patients legally using marijuana faced unfair zero-tolerance prosecution and punishment for intoxicated driving.
Attack on Prop 1 – Read more of what’s crossed out here 2018-SIB-1243 to ban home growing and the tax purposes to support schools and fix roads.
Visit the MMMA Forum to learn more and open discussions
About Komorn Law
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
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