Fact Finder: Med Marijuana And Driving

[+ProPlayer420]

Not sure if this was posted yet but found it interesting from our neighbors up north.

 

Video of story and you can still vote.

 

Do you think medical marijuana patients should be allowed to drive?

Yes

 

55%

No

 

45%

 

Chances are it's happened to you. You're driving along and suddenly in the rear view mirror, you see flashing lights, hear sirens, and you’re in the process of being pulled over by a police officer. Your mind probably races, trying to figure out what you did, and maybe trying to come with a good excuse. For medical marijuana patients, their minds may race more because of what's in their bodies. Driving while using medical marijuana has raised a lot of questions. Some of the answers are the subject of this Fact Finder.

 

When it comes to routine traffic stops, Captain Randy Fewless with the Grand Traverse County Sheriff's Office has some simple advice, "If the officer gets a hint that there is some deception there, that your not being upfront, that’s going to essentially make the traffic stop last longer because there are going to be more questions asked." A good example came in the form of a deputy's report dated April 7th obtained by 7&4 News. In a nutshell, a driver is pulled over for no headlights at night while driving along US-31. The deputy smells pot while talking to the driver, and even though the driver has a medical marijuana card, she denies it repeatedly to different officers. The driver has to be physically restrained while deputies search the car; she resists arrest, only to have the drug found in the vehicle anyway.

 

So why lie when you’re legal, and escalate a situation and potentially the charges you face? The driver admitted in the report that she lied about her marijuana card because she was confused, and simply did not know what to say. While that may not make much sense to some, attorney in law, Gerald Chefalo says he is not surprised, "there is a lot of confusion regarding the medical marijuana law and driving here in Michigan. That's because prior to the medical marijuana law it was clearly illegal to have marijuana in your system, active marijuana, and drive a motor vehicle."

 

Michigan's medical marijuana law does allow approved patients to use marijuana but some argue it doesn't spell out in detail how to balance marijuana use with driving. They see vagueness in the law that leaves them wondering which law to follow. Which one overrules the other? Michigan's vehicle code still bans any levels of THC in a driver's system. Some prosecutors and the attorney general say the vehicle law is one they are going to enforce. Some judges say the medical marijuana law supersedes the vehicle code in that they are ruling that a driver can test positive for marijuana when pulled over as long as they are not impaired while driving. So for now, the case is in the courts where precedents will be set and everyone will get a better idea of how the legal system will handle the situation. Chefalo says "That is how the law works. A law comes into place and there are some challenges. It goes through the court system. It actually shapes and interprets what the law will be through these court cases."

 

Marijuana supporters say they can do both, drive at times, and medicate at others, the problem is unlike alcohol which flushes through your system in hours, the THC in the marijuana can test positive for weeks, even if it’s not impairing your ability to drive at the time. As it stands now, according to Chefalo, "Essentially a person who has a legal medical marijuana card can still drive their vehicle. If they get pulled over, they can have their blood drawn by the police at their request. If they do that and active marijuana shows up in their system, they can be prosecuted and convicted for operating under the influence of a drug, the marijuana. It doesn't seem fair it doesn't make sense to a lot of people, that's where the confusion comes in."

 

So what should medical marijuana drivers do when pulled over, while the courts battle over what is and isn't legal? Deputies have their suggestion, according to Captain Fewless, "We always tell a driver whether it’s dealing with medical marijuana or anything else to make sure they are very upfront with the officer." Attorney Chefalo agrees to a point, "my advice to someone who gets pulled over is to always attempt to do their best to cooperate with what the officer is asking them to do, but that cooperation doesn't need to include self incrimination."

 

Chefalo points out that admitting you have a marijuana card might trigger an officer to reevaluate the situation. He says "A concern would be if I tell an officer that I have a medical marijuana card and the officer potentially detects the odor of marijuana maybe my eyes don't look like they should, maybe I am acting in a strange way, they may test my blood. Could that lead to me being prosecuted for operating under the influence, and the answer is yes it could."

 

He says you shouldn't lie to the officer, providing false information can lead to serious charges. But you can choose to not answer a question, but making that decision will come with consequences that may take some time and money to clear up. He points out "If there is marijuana in the car, you could refuse to state whether you have a card or not. You would be arrested and potentially prosecuted for possession of marijuana. Your defense would be that you have a medical marijuana card. Well, that is a long process that would be avoided if you just told the officer that you had a card upfront."

 

So what do you think? Should medical marijuana patients be allowed to drive? If so, how long after they smoke? What do you think about Michigan's medical marijuana law? I want to hear from you on this one. Please leave a comment below with your thoughts.

[daddiebehr]

This is one I liked, that they did on British tv.

[Budz-4-U]

I feel that 4 - 6 hours is long enough to wait after medicating.

 

Gladwin City Police say 30 days.....and go on to say all Patients who Medicate have given up their right to drive !!

 

There is a huge difference between the psychoactive properties, and what is stored in body fat for up to a good month.

 

A person is not impaired for 30 days. Law needs to be changed, in regards to "Driving While In Presence Of Drugs" !!

 

 

"(4) (Not)Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana."

 

That says to me that I cannot be impaired. Common knowledge is 4 - 6 hours to wait after last use. THC stored in your fat does not cause impairment.

They need to test, right at the traffic stop, for the psychoactive properties that cause impairment, not the non-psychoactive bi-products stored in body fat for a month.

 

[Budz-4-U]

As this affects all Patients directly, and Caregivers indirectly, I am surprised there is little response to this issue.

[+ProPlayer420]

As this affects all Patients directly, and Caregivers indirectly, I am surprised there is little response to this issue.

To be honest I was to. I feel that most people who do have the right to use for medicinal purpose don't really know the fight that is going on to keep us from getting arrested or locked up for following the law.

[2dogwalker]

BB hit the proverbial nail on the head.....

 

Its all about Votes, then money, then POWER - Thats exactly how we hurt them, elect new officials. We must educate the masses in a united effort to find success... As for driving its just like taking road funding away from states back in the 70's for drinking ages... .Just a way of gov't controlling its people, they know we HAVE to do it, due to the INFERIOR american transportation system, and thus they have that sought after CONTROL once again.

 

I do not believe free people live in countries that dictate whether we can utilize naturally occurring plants (that cause no harm to others) for our own medical treatment. And thus often times my stance on these issues is very radical, and thus usually kept internally. But this driving this is enough to get my mouth moving.

 

BB has taken the role of leader better than anyone else I have seen in this fight. Thus I am willing to work with him as my leader, we all must be united in similar beliefs to be believable... He is our best chance to unite under and have our message heard. Thanks Blueberry for all that you do, I will be at the Capitol on the 25th in your support.

 

Best Regards

2DogWalker

[sho]

I write and call a senator every week asking them to bring forth legislation to stop the prosecution of MM patients driving, UNTIL there is a way to test for impairment on the spot. I'm waiting on blood tests right now for an OWI, might mean prison for me. This needs to change!

[Budz-4-U]

I write and call a senator every week asking them to bring forth legislation to stop the prosecution of MM patients driving, UNTIL there is a way to test for impairment on the spot. I'm waiting on blood tests right now for an OWI, might mean prison for me. This needs to change!

 

That is not good. I am looking at a 93 day misdemeanor..... with one day served.

 

It had been 18 hours since I had medicated. Bunch of B.S.

 

Good luck !!!!!!!!

 

SPREAD THE WORD ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !

[curegiver]

Cannabis does not in any significant/notable way hinder my driving skills.

 

Smoke ganja = brain turns on

 

Drink alcohol = brain turns off and make way for the stupid

 

 

But, I know people that drink ALOT! When they smoke they seem to have the same behaviour - falling asleep. I hope you all know how dangerous driving tired can be.

[Timmahh]

yes, just like with vicoden, oxycoten, xanax, ect.. one needs to understand how their medication effects them before they attempt to use heavy equipment or drive.

 

to do anything else with a medicine used by a human, would be unconstitutional here in the USA>

[UrbanRangerKyle]

I think a good method would be if impairment is evident then yes but otherwise no

[Brad]

Excerpts from Irv Rosenfeld's book:

 

_______________

 

The day after making my decision (to try cannabis for the first time), I went swimming at the pool. As usual, there were other students enjoying the beautiful, warm weather of South Florida. It started getting dark and one of the girls invited us to join her and her roommate for a bite to eat and drink. When I accepted, she mentioned that people would be smoking pot. I told her I had decided I wanted to try it. About six of headed for her apartment. Within minutes, someone produced a joint. I was instructed to inhale and hold the smoke in my lungs for as long as possible. I took a rather large puff and promptly started coughing. Everybody laughed and said that was normal. "Next time take a smaller puff..."

 

I did as told and this time I was able to hold the smoke in my lungs. My new friends seemed to be enjoying themselves immensely. I wasn't. That's when they explained to me that you may not get "high" the first few times you smoke.

 

The rest of the evening went as if marijuana had not been present. We ate, drank, and talked. "Marijuana is no big deal," I thought, as I walked back to my apartment. I thought about Cathy—how ridiculous my bossiness must have seemed to her.

 

Over the next several weeks I would join my friends for our evening swimming and get-togethers. There would be a little grass, which we all passed around. I still was not getting "high". I suspected that my friends were somehow self-inducing this mysterious state. To me, not getting high was unimportant.

 

________________

 

In October (1996), Tom Brokaw did a story on NBC Nightly News about the ballot initiatives in California and Arizonia. "Some of you would be surprised to learn there are people in this country who get their marijuana from the Federal Government," said Brokaw. "One of those patients is Florida stockbroker, Irving Rosenfeld." They showed the usual footage of me kissing Debbie goodbye, driving to work while medicating, and then in my office talking about my bone disorders and how marijuana helped relieve the pain. I thought it was a very moving piece and was surprised when some reform advocates scolded me for allowing NBC to tape me smoking while driving.

 

As I had explained on the air, I do not get a euphoric effect from marijuana and my protocol allows me to operate an automobile as long as I am not impaired. (I certainly don't think people who are "intoxicated" on marijuana should drive or operate dangerous machinery.) I realize the movement had entered a new phase, and I would have to relate to activists who thought they knew best what the American people should and shouldn't be told about medical marijuana.

 

_______________

 

The segment on WBTV was called "Flying High." Debbie and I saw a tape of it. We laughed when the anchor commented, "He should have been passed out on the tarmac after smoking two joints. He was sober as a judge." I always wonder if such comments are made from personal experience.

 

_______________

 

(After being informed he would not be allowed to fly American Airlines until he had letters from doctors stating he was coherent)

 

I contacted Drs. Sanchez-Ramos and Russo and got letters from them stating I was not impaired by Cannabis and would be able to understand any and all instructions and be able to carry them out. Sheila forwarded these to American Airlines, and I then got an apologetic call from the supervisor who had been helpful in the past. She said I had been approved to travel. She had done everything in her power to prevent me from being made to jump through these absurd, insulting hoops.

 

_______________

 

What I will always remember about Dr. Mechoulam (the man who discovered delta-9 THC) is how nice and down to earth he is. Of course I told him about my bone disorder and how I didn't get a high from the medicine. He said, "Maybe your cannabinoid system is defective, or maybe your body is using it differently. Just be happy it works." That was my sentiment exactly!

 

 

_______________

 

Most long-term, chronic cannabis smokers, do not get high or impaired. Additionally, driving under the influence of pot doesn't have much effect on one's road skills, at least according to a recent study by Hartford Hospital in Connecticut and the University of Iowa Carver College of Medicine (2008). The research, published in the Journal of Psychoactive Drugs, found no differences in the driving skills of 85 subjects who got behind the wheel stone-cold sober and then tried the same obstacle course after having smoked a joint.

 

Hope this helps.

[mrd]

I think that there are several area that we have to examine in answering questions about med mj and driving.

 

A number of years ago Car and DRiver did a test of people driving while under the influence of mj , alcohol or a combination of both.I suggest you look it up but in a nutshell those who were stoned did best, next straight , then alcohol and the very worst were alchohal and pot. The combo folks were so bad they basicly needed to be locked up until sober.

 

If you smoke in your car you are a fool. If you leave any kind of evidence of medmj in your car you are a fool. Throw anything related to mj in the trunk of your car. You are giving the police probable cause to search you.Never consent to a search, let them get a warrant. Police can lie to you and often do . Be polite. No point in antagonizing someone who can escalate the situation. If you talk about med mj to a cop you are a fool. They will then find a reason to search you and your car. Outside of giving the officer your id and required insurance and registration papers you should have absolutly nothing to say. Answer all questions with a question.You cannot incriminate yourself with a question. Lock the doors of your car when stepping out of it.

 

Watch the ACLU dvd "Busted" Much better than anything I can say.

 

I do not care what the law says about us carrying. If for any reason you are transporting any med mj drive like any mistake will r cause your momma to die horribly. There was a case in Howell where happily the driver was exonerated but it would have saved everyone a lot of trouble if the driver had not made the left turn when the sign said "No left turns".

 

If you ever smoke and drink and drive you belong in jail. Don't do it you are endangering yourself and those around you.

 

Learn how to act and don't tempt fate, be careful!

[Brad]

Just got a call from a guy that told me he had a document from the Michigan Secretary of State denying the renewal of his license because he has a medical marijuana card.

 

I had him forward it to Matt Abel for review. I wonder if this is about restrictions imposed by a judge, or a new direction for the Secretary of State under Snyder/Schuette?

[rockinlespaul]

I think that there are several area that we have to examine in answering questions about med mj and driving.

 

A number of years ago Car and DRiver did a test of people driving while under the influence of mj , alcohol or a combination of both.I suggest you look it up but in a nutshell those who were stoned did best, next straight , then alcohol and the very worst were alchohal and pot. The combo folks were so bad they basicly needed to be locked up until sober.

 

If you smoke in your car you are a fool. If you leave any kind of evidence of medmj in your car you are a fool. Throw anything related to mj in the trunk of your car. You are giving the police probable cause to search you.Never consent to a search, let them get a warrant. Police can lie to you and often do . Be polite. No point in antagonizing someone who can escalate the situation. If you talk about med mj to a cop you are a fool. They will then find a reason to search you and your car. Outside of giving the officer your id and required insurance and registration papers you should have absolutly nothing to say. Answer all questions with a question.You cannot incriminate yourself with a question. Lock the doors of your car when stepping out of it.

 

Watch the ACLU dvd "Busted" Much better than anything I can say.

 

I do not care what the law says about us carrying. If for any reason you are transporting any med mj drive like any mistake will r cause your momma to die horribly. There was a case in Howell where happily the driver was exonerated but it would have saved everyone a lot of trouble if the driver had not made the left turn when the sign said "No left turns".

 

If you ever smoke and drink and drive you belong in jail. Don't do it you are endangering yourself and those around you.

 

Learn how to act and don't tempt fate, be careful!

 

I completely agree with mrd and that car and driver rag seems right to me from past experience as well. Anyone I ever knew that drank and smoked as well were poo poo'd so bad it wasn't funny. LOL

 

Me...I'm golden just smokin'.

[rockinlespaul]

Just got a call from a guy that told me he had a document from the Michigan Secretary of State denying the renewal of his license because he has a medical marijuana card.

 

I had him forward it to Matt Abel for review. I wonder if this is about restrictions imposed by a judge, or a new direction for the Secretary of State under Snyder/Schuette?

 

Interesting...