medical marijuana
6:28 am
Mon March 14, 2011

Safe under medical marijuana laws, and driving laws?

Michigan’s medical marijuana law allows people to use the drug, but motor vehicle laws forbid driving with any marijuana in your system. The legal battle could head to the State Court of Appeals.

Rodney Koon was pulled over for speeding a little over a year ago. Officers in Traverse City found a pipe in his pocket so he showed them his medical marijuana card. The Traverse City Eagle-Record says Koon was charged with driving under the influence of a schedule one controlled substance (others include ecstasy, heroin, and LSD) after a drug test revealed he had marijuana in his system.

A county judge ruled the state’s medical marijuana law protects Koon from prosecution. He said prosecutors need to have more solid evidence a driver is impaired while driving. State driving laws say people can’t drive with even a trace amount of schedule one controlled substances in their system.  

Michigan Attorney General Bill Schuette is supporting the Grand Traverse County Prosecutor’s appeal to the State Court of Appeals. He says Koon isn’t “being prosecuted for using marijuana, but for driving shortly after using it.”