Cannabis Health Science
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The Daily Reporter
Lansing, Mich. —
There is no “right” to possess marijuana in Michigan — even for those who have a card issued under the Medical Marihuana Act (MMMA) — an appeals court has ruled.
Further, anyone who smokes marijuana then drives with any trace left is in the bloodstream violates Michigan motor vehicle law, even if they possess a MMMA card.
A three-judge Michigan Court of Appeals panel overturned a Traverse City case, where the District Court was upheld by the Circuit Court, which dismissed charges against Rodney Lee Koon.
Koon was pulled over for driving 83 miles an hour in a 55 mph zone. A blood test revealed Koon had THC, the chemical component of the drug, in his system.
Koon’s attorney argued he was not in violation by operating a motor vehicle with a Schedule 1 controlled substance, marijuana, in his body because he held a valid MMMA card.
The Traverse City District Court ruled the MMMA protected Koon from conviction unless prosecutors could show the driver was impaired by the marijuana while driving. Koon has a doctor’s prescription for treatment of various medical conditions.
The court tried to clarify the murky issue the Michigan Legislature is currently trying to come to grips with. The Appellate Court pointed out the Constitutional amendment and subsequent legislation “sets forth particular circumstances under which they will not be arrested or otherwise prosecuted for their lawbreaking” possession and use of the drug.
“The MMMA does not codify a right to use marijuana; instead, it merely provides a procedure through which seriously ill individuals using marijuana for its palliative effects can be identified and protected from prosecution under state law,” the judges wrote. “These individuals are still violating the law by using marijuana. In other words, the act grants immunity from arrest and prosecution, rather than the granting of a right.”
There is a “zero tolerance” law for driving with marijuana THC in the bloodstream, the court ruled. Most blood and urine tests show THC in test samples even up to 30 days or more after use. There have been no definitive tests to show how long a person would be impaired by marijuana use.
A petition is currently being circulated in efforts to legalize the drug whose medical use was approved by voters by a 63 percent margin in November 2008.
Friday, June 8, 2012
Judges ruling: There is no right to possess marijuana in Mich.
Posted by THCeeker