Michigan Supreme Court ruling on driving with presence of marijuana is a major MMMA break through.
By Michael Komorn
Rodney Lee Koon was charged in the 86th District Court with operating a motor vehicle with any amount of a schedule 1 controlled substance in his body. When he was stopped for speeding, he informed the officer that he was a medical marijuana patient and admitted that he had smoked marijuana five to six hours earlier.
After a blood test revealed that Koon had THC in his bloodstream when operating the vehicle, the court concluded that his registration under the Michigan Medical Marihuana Act, MCL 333.26421 et seq., protected him from prosecution under MCL 257.625(8) unless the prosecution could prove that the defendant was actually impaired by the presence of marijuana in his body.
The ruling was affirmed by the Grand Traverse Circuit Court, concluding that the Michigan Medical Marihuana Act superseded the zero-tolerance provision of MCL 257.625(8). The prosecution appealed by leave granted, and the Court of Appeals reversed on grounds that the Michigan Medical Marihuana Act prohibits registered patients from operating a motor vehicle while under the influence of marijuana and reasoning that per MCL 257.625(8) a person is under the influence of marijuana if he or she has any amount of marijuana in his or her body.
Koon sought leave to appeal. In an unanimous opinion per curiam, the Michigan Supreme Court, in lieu of granting leave to appeal and without oral argument held:
The MMMA does not define what it means to be “under the influence,” but the phrase clearly contemplates something more than having any amount of marijuana in one’s system and requires some effect on the person. Thus, the MMMA’s protections extend to a registered patient who internally possesses marijuana while operating a vehicle unless the patient is under the influence of marijuana.
Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of theMichigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for medical marijuana patients, and caregiver rights. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn onTwitter.
Men in suits spilled into a courtyard, took out their pipes and joints, and burned one down. Lawyers and activists alike were enjoying a break from a three-day Aspen symposium hosted by the National Organization for the Reform of Marijuana Laws (NORML).
By Michael Komorn
Attorneys from across the country gathered at The Grant to discuss the rapidly changing legal status of marijuana.
“We have a consensus from experts that you can’t measure impairment from a blood test,” he added. “What we need to do is to provide police with better tools to measure impairment.”
A year ago this casual break from long days of hard work would have been illegal — perhaps that is why it smelled like celebration.
“The basis of our justice system is innocent until proven guilty,” said Armentano. “This law flips that, and puts the burden on the individual to prove that they are not impaired. I believe that is a dangerous road to go down.”
Since the passage of Amendment 64 by Colorado voters last November, the recreational use of marijuana has been legal for adults in Colorado. And with that significant change comes a host of questions about the legal and scientific framework governing marijuana use, with the latest being the evolving science of cannabis intoxication and stoned driving.
Deputy director of NORML, Paul Armentano, painted a picture of Colorado’s new stoned driving statute, signed into law by Gov. John Hickenlooper on Tuesday. The law has established a legal limit of five nanograms of THC — the psychoactive chemical in pot — per milliliter of blood for cannabis intoxication.
If you are caught driving with blood concentrations that exceed that limit you could be charged with Driving Under the Influence (DUI), a serious crimes that is accompanied by possible jail time, fines and a suspension of driving privileges.
Armentano told the assembled lawyers that measuring the amount of active marijuana in a driver’s system will not show whether or not they’re impaired.
“When I talk to policy makers on this issue, they want to get impaired drivers off the road, and yet blood tests are not impairment tests,” said Armentano, a nationally recognized expert on the science of marijuana intoxication and the evolving status of the nation’s drugged driving laws.
“We have a consensus from experts that you can’t measure impairment from a blood test,” he added. “What we need to do is to provide police with better tools to measure impairment.”
Under Colorado’s law, a person charged with a marijuana DUI would be permitted to present evidence showing that while they may have had pot in their system, they weren’t really impaired.
“The basis of our justice system is innocent until proven guilty,” said Armentano. “This law flips that, and puts the burden on the individual to prove that they are not impaired. I believe that is a dangerous road to go down.”
The provision allowing drivers to challenge charges of impairment is evidence of the rapid evolution of cannabis science. It remains unclear as to the amount of marijuana someone has to consume before their driving skills suffer, or whether high levels of THC have correspondence with impairment.
Armentano provided a chart suggesting that THC levels in the blood of a pot smoker peak almost instantly after smoking. Peak impairment, by contrast, occurs anywhere between 10 and 60 minutes after a toke.
“That means that people are most likely to be under the influence of cannabis as their THC levels are dropping rapidly,” he said.
Research indicates that stoned drives may brake for stoplights more slowly than sober ones, and weave and show signs of decreased peripheral vision. However, Armentano argues that some studies also show that stoned drivers can be so paranoid that they end up driving more conservatively.
Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for medical marijuana patients, and caregiver rights. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter.
The best resource for everything related to Michigan medical marijuana with your host Attorney Michael Komorn. Live every Thursday evening from 8 -10 pm eastern time.
By Michael Komorn
The Michigan Supreme Court issued a unanimous opinion making a finding that Michigan Medical Marihuana Patients are protected against the charges of “any presence of a controlled substance” and requires evidence.
Tonight Steve Elliott, who owns and edits the independent cannabis blog TokeSignals.com, is marijuana reviewer for the Seattle Weekly, is editor of Hemp News, is National News columnist for Northwest Leaf Magazine, and is author of The Little Black Book of Marijuana.
Also spot light on organization Michigan Compassion which is the state’s only federally recognized 501(c)3 nonprofit dedicated solely to Medical Cannabis Education and Advocacy. The organization is one of only four in the country to be granted this nonprofit status.
Discussion on the Supreme Court decision on People v Koon, The Redden case and how it was resolved, today’s House Judiciary hearing on medical marijuana distribution in Michigan.
Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for medical marijuana patients, and caregiver rights. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter.
“Each person who suffers has different levels of how they’re impacted and what it takes to recover,” said Rep. John Lively, D-Springfield, who said he used naturopathic medicine to treat his post-traumatic stress. “This is about providing a legal avenue for people suffering from (post-traumatic stress disorder).”
Rep. Mitch Greenlick, D-Portland, said that there was lack of scientific studies on the issue because the federal government still considers marijuana an illegal drug.
Greenlick, chairman of the House Health Care Committee, said that committee members heard “a mountain” of testimony from medical professionals and post-traumatic stress sufferers who addressed the benefits medical marijuana offered when treating the illness.
Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for medical marijuana patients, and caregiver rights. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter.
Michael Komorn, Attorney and President of the MMMA addresses the house judiciary committee and discusses why amending the Michigan Medical MarijuAct Act will not benefit patients or caregivers.
Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for medical marijuana patients, and caregiver rights. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter.
Video: People v Redden & Clark – MI Medical Marijuana hearing – February 20, 2013
By Michael Komorn
During this hearing, the prosecutor in the case, Beth Hand, notified the defense that her office would consider levying criminal charges against the doctor based on his testimony before the court. The charges, she said, could come from his testimony at the hearing, as well as his prior testimony at the evidentiary hearing regarding his involvement in certifying the two patients, Redden and Clark. In what turned out to be one of the longest medical marijuana cases since the act was put into place in 2008, the Prosecutor’s actions on this day added to an already bizarre and outrageous series of events. For a full summary of the Hearing, follow this link:
If you or someone you know is facing charges as a result of Medical Marijuana prescribed to you as a Medical Marijuana patient under the Michigan Medical Marijuana Act, or would like to explore the benefit of Medical Marijuana as a natural healing solution, contact Komorn Law and ensure your rights are protected.
Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for medical marijuana patients, and caregiver rights. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter.
