On May 21, 2010 Rodney Koon was charged with driving under the influence of a drug (OUID).  After being pulled over for speeding, Koon admitted to smoking marihuana earlier in the day.  A blood test revealed that Koon had active THC in his system.  At trial, the judge required the Grand Traverse County Prosecutor prove Koon was actually impaired.  Unlike alcohol, there is currently no objective standard to establish that a driver of a vehicle is impaired by marihuana. The Prosecutor has requested leave to appeal the trial court’s decision.  Michigan Attorney General, Bill Schuette, filed a brief in support urging the Court of Appeals to grant leave and reverse.  Schuette argues that any amount of THC in a driver’s system is a crime.  This case presents a difficult balance between public safety and the rights of patients under the Michigan Medical Marihuana Act.  On one hand, Michigan drivers should not be put at risk by those who choose to operate a vehicle while under the influence of marihuana.  On the other, THC may stay in a patient’s system for up to a month after ingestion and long after the psychotropic effects of the drug have worn off.  If adopted, Schuette’s interpretation would make it generally unlawful for medical marihuana patients to operate motor vehicles.

If you or someone you know is currently being charged with Operating With The Presence of Drugs, this decision is huge.

We are waiting for the Court of Appeals to issue a written decision

For a free consultation contact Todd Levitt at 989-772-6000