Medical Marihuana and Driving Under the Influence

In Michigan the Motor Vehicle Code has a zero-tolerance policy for driving under the influence of marijuana. Meaning that you can be charged with Operating Under the Influence of a Controlled Substance with the smallest amount of marijuana in your system so as long as it is detectable. Until a recent ruling, the same was true for Medical Marihuana patients.

Medical Marihuana and Driving Under the Influence 

The Michigan Supreme Court recently changed the above law for medical marijuana patients in case titled People v Koon. The Michigan Supreme Court concluded that the Michigan Medical Marihuana Act’s protections supersedes the Motor Vehicle Code’s zero-tolerance provision and allows a registered qualifying patient to drive when he or she has the presence of marihuana in their system, but is not otherwise under the influence of marihuana.

How much medicine is too much?

The Court did not define when a person is “under the influence;” or what the nanogram level in a persons system could be; however, the Court did conclude that the phrase contemplated that there would have to be enough marijuana in the person’s system that the person would exhibit some sign of marijuana having an effect on them.

Can you be arrested for driving on medical marihuana?

Police officers have to be able to articulate facts that support a finding of probable cause that a Medical Marihuana patient is under the influence of marijuana in order to arrest a Medical Marihuana patient for violating the zero-tolerance motor vehicle code. If you are wrongfully arrested for driving under the influence of marijuana and the officer cannot articulate facts to show you were under the influence the case should be dismissed.

If you have been charged with Operating Under the Influence of a Controlled Substance or Driving on Drugs contact Michigan criminal defense lawyer Aaron J. Boria today (734) 453-7806.