Rodney Koon

[V420]

today's record eagle :angry:

 

 

http://record-eagle.com/local/x675532859/Medical-pot-case-could-hit-top-court

 

 

November 28, 2010

 

Medical pot case could hit top court

Speeding stop led to charge of driving under influence of drugs

BY BRIAN McGILLIVARY

bmcgillivary@record-eagle.com The Record Eagle Sun Nov 28, 2010, 06:14 AM EST

 

TRAVERSE CITY — Rodney Koon may have to spend $30,000 or more to fight a misdemeanor arrest for driving a car the same day he legally used medically prescribed marijuana.

 

Koon, 49, a laid-off Traverse City roofer, was stopped for speeding Feb. 3 on Garfield Road. A Grand Traverse County deputy found a pipe in his pocket, and Koon readily acknowledged he smoked marijuana that day.

 

He also showed the deputy a state certificate that allows him to use marijuana for medical purposes.

 

 

"I was honest ... that was my mistake," said Koon, who uses marijuana for a variety of ailments, including herniated discs in his back, a pinched nerve in his neck, rheumatoid arthritis of the spine and stomach problems. "I told him I had medicated six hours earlier. After that he was all hot to bust me on a drug charge."

 

Koon's speeding stop sparked a legal tussle in Traverse City over aspects of the medical marijuana law state voters approved in 2008.

 

Grand Traverse County authorities charged Koon with driving under the influence of drugs because he tested positive for THC, the primary psychoactive ingredient in marijuana. Prosecutor Alan Schneider based his case against Koon on a law that finds a person guilty if he tests positive for the smallest detectable amount of a controlled substance.

 

But two area judges disagreed. They said the Michigan Medical Marijuana Act supersedes a state controlled substance law and ruled Schneider must show that the legal use of medical marijuana impaired Koon's ability to drive a car.

 

"Evidence of impairment is a necessary requirement," wrote 13th Circuit Court Judge Philip Rodgers in upholding a district court judge's decision that prevented a prosecutor in Koon's scheduled Sept. 2 trial from inserting favorable jury instructions. The trial was postponed.

 

"The (prosecutor) has not alleged ... the defendant's actions and mannerisms at that time indicated a visible or substantial impairment with regard to his driving," Rodgers wrote.

 

No penalties for medical marijuana use?

 

Rodgers noted the medical marijuana act states that certified users cannot be "subject to arrest, prosecution, or penalty in any manner ... for the medical use of marijuana."

 

The statute goes on to state that all other laws not consistent with the medical marijuana act do not apply. But the act also prohibits any person from operating a motor vehicle while "under the influence" of marijuana.

 

Schneider disagreed with Rodgers' ruling and plans to appeal, all the way to the state Supreme Court, if necessary.

 

"To say this caveat (in the marijuana act) supersedes another state law is highly questionable," Schneider said. "The court or the legislature needs to clarify this, and I think we have to force the issue."

 

Matthew Abel, general counsel for the Michigan Chapter of the National Organization for the Reform of Marijuana Laws, said Schneider can parse the marijuana act's language all he wants, but said "a caveat is still the law."

 

The language is clear and Schneider won't change it on appeal, he said.

 

"He should run for the Legislature if he wants to set policy," Abel said. "In the meantime, he should mete out his justice with temperance and compassion."

 

Koon said he's survived the housing industry collapse by working as a handyman over the last two years. He's frustrated by what he believes is Schneider's attempt to stop him from driving or working any time he medicates with marijuana.

 

"We the people changed this law; 70 percent of the people voted for it, and now these law enforcers want to interpret it anyway they want," Koon said.

 

His attorney tells him not to worry about Schneider's appeal, and area medical marijuana groups support him. But he'll need financial help to maintain an appeal he's been told could hit $30,000, beyond the $3,000 he's already spent on attorney fees.

 

"The stress from this affects everything I do," Koon said. "Stress really isn't the word for it. It's totally degrading."

 

'Just one or two hits'

 

The incident that prompted the court case wasn't one in which Koon simply was cruising down the road, smoking a joint, getting high. He'd last smoked more than five hours earlier, he said.

 

"When you medicate you take just one or two hits," he said.

 

A deputy stopped Koon on his way home from a job about 6 p.m. on Garfield Road in East Bay Township. The deputy said Koon hit 83 miles per hour in a 55 mph zone as he passed a truck, though a speeding ticket was not issued.

 

The deputy said he smelled alcohol and Koon admitted he had a beer after work. The deputy asked Koon to step out of the car and consent to a search because of the deputy's concern Koon might have a utility knife or other carpentry tool, according to a sheriff's department report.

 

The deputy said Koon passed most impairment tests, but wrote he could not stand on one leg for 30 seconds, and during a heel-to-toe walking test had a gap in excess of one-half inch.

 

Koon said he can't stand on one foot due to his back problems. He was arrested and a blood test came back positive for THC at 10 nanograms per milliliter.

 

Abel, the pro-marijuana group's lawyer, said there's little, if any research on THC levels and driving.

 

Koon's blood alcohol level was .03, well below the .08 percent level for drunken driving, Schneider said.

 

Schneider said prosecutors likely will not be able to prove Koon's use of marijuana impaired his driving. He declined to speculate if the amount of THC in Koon's blood was too high to safely drive.

 

"I'm not a scientist," he said.

 

Schneider said the Legislature needs to come up with a level similar to the .08 percent blood alcohol level established for drunken driving.

 

Abel agreed — to an extent.

 

"The proper way to do that is through research and testing, not on the backs of patients," he said.

 

Mod Copied & Paste

[+420Atheist]

Another case where the PA knows they are wrong but is hoping for a win because they can break the patient financially. What should happen is if a PA decides to push a case like this if he loses he has to pay (out of his own pocket) the defendants attorneys. That would stop BS like this quickly.

[bobandtorey]

WOW i feel for this guy and we sure know how much money it cost to go all the way it's more then 30 grand for sure times it by 10 and thats were we are at

we are kind of lucky in one way we happen to be the first here in Mich. if you /us were to be Raided today it would cost you BIG $$$

[Kingdiamond]

Being a child of the 60s and 70s i learned at an early age to never carry pipes only joints that i planned on using that day or that trip to this day i never do expessialy being outside of one of the states most outspoken citys against medical cannabis (livonia).

[bobandtorey]

The deputy said Koon passed most impairment tests, but wrote he could not stand on one leg for 30 seconds, and during a heel-to-toe walking test had a gap in excess of one-half inch.

 

theirs a lot of people that could not do this i know i could not theirs another case in the U.P i think also this is a BIG case as most of them are and am not sure if a pipe would make much of a defiances then the joint IMO

[solabeirtan]

Id have to believe there is some other incentive involved in this for the PA to have the nerve to misinterpret the Written Law and Contradict two judges opinions.

 

Regardless on the coordination tests he was below on the blood alcohol level at .03 , they should have been irrelevant.

[dutch&Dutchess]

This is a case for raising money for his appeal. It may not even go as far as our newly retooled Supreme Court(shudder).ANY MMMA involvement in this effort forthcoming?

[dutch&Dutchess]

The deputy said Koon passed most impairment tests, but wrote he could not stand on one leg for 30 seconds, and during a heel-to-toe walking test had a gap in excess of one-half inch.

 

theirs a lot of people that could not do this i know i could not theirs another case in the U.P i think also this is a BIG case as most of them are and am not sure if a pipe would make much of a defiances then the joint IMO

 

With Mr. Koon's physical issues it is not surprising he would have such a problem. A doctor's letter should kill it as evidence of impairment. The allegation that he was speeding if true, actually says he was probably not under the influence! He may be known and was targeted by this deputy dog too. They do that all the time in this little burg

[Wild Bill]

"I was honest ... that was my mistake," said Koon

 

THE GOLDEN RULE: just because you have been arrested it does not mean you will necessarily be convicted of an offence (the police still have to PROVE in court that you did it) and it does not even mean that you will be charged with an offence...

You DO NOT have to, and you should not, give the police any extra information even if you have been arrested. You have the right to silence, and remember there is no such thing as an 'off the record' conversation with police. And- the golden rule #2: NEVER sign anything unless you know exactly what it means.

[peanutbutter]

"To say this caveat (in the marijuana act) supersedes another state law is highly questionable," Schneider said. "The court or the legislature needs to clarify this, and I think we have to force the issue."

 

What a frekin' idiot!!

 

New laws superseding older existing laws is normal procedure.

 

If there is something wrong about an existing law you pass a new one to change the older one.

 

The drug wariers are trying to move to do exactly that with our new law. They want to get some changes in place. To do it they will need to pass a new law to supersede our existing law.

 

WHAT AN IDIOT!!

 

The mmj law supersedes the CSA. What an idiot!!