Law Blog

Medical Marijuana Defense

In a recent decision by the Michigan Supreme Court, medical marijuana users are ruled not to be automatically breaking the law if they drive after using the drug. 

In 2010 Rodney Koon was stopped in Grand Traverse County and ticketed for Operating While Intoxicated.  As a result of the stop Mr. Koon had his blood tested and it was found that he had THC in his blood.  Despite the fact that Mr. Koon had a valid prescription for marijuana, he was prosecuted for OWI.  According to the Court, medical marijuana users have some protection from this type of prosecution because the prosecutor must prove that the driver of a vehicle was actually under the influence of the drug at the time they were operating the vehicle.  Simply showing that THC is present in the blood stream is not enough to convict. 

This is a sigificant legal victory for medical marijuana users and medical marijuana defense attorneys in the State of Michigan. 

If you or a friend or family member has be charged with a drug case, or a drunk driving charge, contact the criminal defense attorneys at Nessel and Kessel Law today.   

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