A medical marijuana patient who allegedly violated the driving under the influence of drugs act was favored by the Michigan Supreme Court saying that the person has special protection.
The Michigan Medical Marihuana Act that prohibits people from DUI is not applicable for Rodney Lee Koon who was caught driving 83 mph in a 55 mph zone in 2010 in Grand Traverse County.
The ruling was signed by seven justices who had a unanimous decision and was released to the public through Twitter.
Koon informed the police officer who stopped him that he was a registered medical marijuana patient and showed him his pipe. He also admitted that he smoked six hours before the drive. He also agreed to subject himself with blood testing.
However, he complained about the inconsistency between the zero-tolerance provision of the county and the MMMA (Michigan Medical Marijuana Association). He appealed his case and won the district and circuit court proceedings but the Michigan Court of Appeals said the charge was valid.
The Michigan Supreme Court reversed the ruling saying that the MMMA offers immunity for the registered patients regarding the use and possession of marijuana due to medical purposes. However, the court requested MMMA to revise their regulations to remind patients not to drive when under the influence of the drug.
"While we need not set exact parameters of when a person is 'under the influence,' we conclude that it contemplates something more than having any amount of marijuana in one's system and requires some effect on the person," the court wrote.
Matt Newburg, one of the attorneys who represented Koon throughout the case, said he was uncertain if prosecutors would prefer to redo the case. "I don't know what the prosecutors will do. What I do know is that prosecutions regarding driving and medical marijuana patients just got a lot harder to prove”.