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Wednesday, May 22, 2013
By Michael Nichols
Categories: Michael J. Nichols, Drunk-Driving, OWI, Medical Marijuana
The Michigan Supreme Court issued a ruling that finally starts to clear up the law for medical marijuana patients in a manner that is fair. “The ruling in People v Koon finally squares up Michigan’s jurisprudence on medical marijuana with science,” says DUI-DUID attorney Mike Nichols of East Lansing. Nichols is an adjunct professor of DUI Law and Practice and Forensic Evidence at Thomas M. Cooley Law School and author of the West practice book on OWI for Michigan lawyers.
Nichols adds: “I filed motions for a ‘stay’ in all my cases in which my clients are medical marijuana patients and charged with violating the drunk driving statute for having ‘any amount’ of a schedule 1 controlled substance in their body.” The Supreme Court took the unusual step of reversing the Court of Appeals without hearing an argument from lawyers.
The Court of Appeals previously ruled that the presence of marijuana in someone’s blood equated to impairment by marijuana. The Supreme Court rejected that holding in an opinion released yesterday (May 21). Nichols says “this is a big shakeup in the world of drunk driving law and practice. The opinion is consistent with what scientific and medical studies have shown for years – there is no ‘number’ or ‘concentration’ of THC in human blood that automatically equals impairment.”
Michigan voters passed a referendum in 2008 legalizing marijuana for medicinal purposes in qualifying individuals. Since that time, judicial opinions and legislators have interpreted and modified the law.
The Koon opinion from the Supreme Court is attached.
For the attorney who is committed to results and dedicated to not just following, but changing the law when necessary, contact Mike Nichols at 517.432.9000 or e-mail Michigan’s leader in drunk driving defense at mnichols@nicholslaw.net