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Marijuana While Driving

Josh Sidorowicz Josh Sidorowicz·94 videos
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Published on Mar 5, 2012

For the increasing number of individuals who have a medical marijuana ID cards, conflicts are beginning to arise over what exactly those patients are protected from under the Michigan Medical Marijuana Act.

Issues with other laws, specifically motor vehicle laws, and how they intersect with the state's pot laws are creating a lot of gray areas.

"We have a quagmire where medical marijuana users are following the statute and following the law, and technically are not allowed to drive, even if they are not impaired," said Nichole Derks, a Lansing attorney with Foster Smith Collins & Swift.

The main question is whether someone complying with the Michigan Medical Marijuana Act should be allowed to drive, said Derks.

A no doubt tough question to answer. But police say, regardless of the drug, it ultimately comes down to whether someone is operating a vehicle while visibly impaired.

"It doesn't really matter to us, whether or not you may legally possess this substance and legally may use it," said Lieutenant Greg Frenger, with the Meridian Township Police.

"If they're impaired, no matter what the substance, we're going to action."

But, there is glaring problem, and one that makes enforcing the laws difficult. Unlike alcohol, where set standards are in place to determine whether someone should be behind the wheel, no such standards exist yet for marijuana.

"There's not an objective way," said Derks. "Where if we have a drunk driver, they can blow into a preliminary breath test straw...we don't have anything like that for marijuana."

In the meantime, patients who do use the drug, should not a drive afterwards. A case currently pending in the Michigan Court of Appeals will ultimately determine if medical marijuana users can drive or not. Depending on that outcome, the next step will be to lay out a set of standards to determine impairment.

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All Comments (3)

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  • ALITL8

    There are also quite a few that state the exact opposite. For instance, one study by the U.S. National Highway Transportation Safety Administration shows that drivers with THC in their systems have accident responsibility rates lower than those of drug-free drivers. Maybe it is you that should look at all the evidence and decide for yourself whats true. (see also: Medical Marijuana Laws, Traffic Fatalities, and Alcohol Consumption)

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    in reply to luminouslights (Show the comment)
  • luminouslights

    Actually there's quite a few that state exactly that! Maybe it is you that should do some research?

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    in reply to ALITL8 (Show the comment)
  • ALITL8

    Drivers under the influence of marijuana are as likely or less likely than sober drivers to "cause" an accident. No one ever gets pulled over because they appear to be driving "stoned". You should at least research the topic before doing a report on it. There is no evidence to support that driving high on smoked marijuana is any more dangerous than driving sober.

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