Michigan: Medical Marijuana Act Trumps Per Se Driving Law

A Michigan traffic safety law that prohibits the operation of a motor vehicle by persons who possess any presence of THC in their blood, regardless of whether or not they are behaviorally impaired by the substance, may not be strictly applied to state-qualified medical cannabis patients. So decided the Michigan Supreme Court on Tuesday in the case People v Koon.

In a unanimous opinion, the Court determined that legal protections extended to state-qualified patients under the Michigan Medical Marihuana Act, enacted by voters in 2008, supersede the state’s zero tolerance, internal possession law. As a result, the Court determined that state prosecutors must establish that authorized patients charged under the statute are actually impaired by their cannabis use in order to gain a DUI criminal conviction.

According to the syllabus of the Opinion:

“The MMMA [Michigan Medical Marihuana Act] does not define what it means to be ‘under the influence,’ but the phrase clearly contemplates something more than having any amount of marijuana in one’s system and requires some effect on the person. Thus, the MMMA’s protections extend to a registered patient who internally possesses marijuana while operating a vehicle unless the patient is under the influence of marijuana. The immunity from prosecution provided under the MMMA to a registered patient who drives with indications of marijuana in his or her system but is not otherwise under the influence of marijuana inescapably conflicts with MCL 257.625(8) [the state's zero tolerance per se DUI law], which prohibits a person from driving with any amount of marijuana in her or system.”

The state’s zero tolerance per se drug law remains applicable to non-patients. Under such laws, motorists are guilty per se (in fact) of a criminal traffic safety violation if they engage in the act of driving while detectable levels of certain controlled substances or, in some cases, their inert metabolites (byproducts) are present in the defendants’ blood or urine. Proof of actual impairment is not a requirement for a conviction under the law.

To date, ten states — Arizona, Delaware, Georgia, Illinois, Indiana, Iowa, Michigan, Rhode Island, Utah, and Wisconsin — have enacted legislation imposing zero tolerance per se thresholds for the presence of cannabinoids and/or their metabolites. (State-authorized medical cannabis patients in Arizona and Rhode Island are exempt from prosecution under these per se statutes unless the state can provide additional evidence of psychomotor impairment.)

Five additional states impose non-zero-tolerant per se thresholds for cannabinoids in blood: Montana (5ng/ml — law takes effect on October 1, 2013), Pennsylvania (1ng/ml), Ohio (2ng/ml), Nevada (2ng/ml) and Washington (5ng/ml). Most recently, Colorado lawmakers approved legislation stating that the presence of THC/blood levels above 5ng/ml “gives rise to permissible inference that the defendant was under the influence.” State-qualified patients in Colorado, Montana, and Nevada are not provided legal exemptions from these statutes, although legislation is presently pending in Nevada to do so.

NORML believes that it is inadvisable to infer behavioral impairment based on the presence of blood/cannabinoid levels alone — a position that we outline here, here, and in public testimony here.

Such caution is similarly expressed by the United States National Highway Transportation and Safety Administration, which acknowledges: “It is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects. … It is inadvisable to try and predict effects based on blood THC concentrations alone.”

A 2013 review of per se drugged driving laws and their impact on road safety found “no evidence that per se drugged driving laws reduce traffic fatalities.”

Is Your Mayor in the Marijuana Majority?

Join NORML and our friends at the Marijuana Majority in our efforts to build support for marijuana law reform at the local level by contacting your mayor and urging their support for rational marijuana policies.

Mayors are on the front lines of the war on cannabis and can see the devastation it is causing at the local level. It is time our local politicans take a stand and say enough is enough, it is time to stop wasting precious law enforcement resources, stop allowing the revenue from marijuana sales to flow into the hands of criminal elements, and stop enforcing a prohibition on a plant that is safer than tobacco and alcohol. Please take a moment of your time today to click the link below and encourage your mayor to join the majority of Americans who want to see marijuana legalized.

We are at a pivotal moment.

Support for legalization is the highest it’s ever been and it’s still growing.
Now, Washington and Colorado have taken the first step toward ending prohibition for good.

But the feds still have reefer madness and are threatening to stand in the way of these states.
Thankfully, mayors across our nation are taking action.

They see the harm of these laws first-hand, and they are calling for change.

Is your mayor one of them?

CLICK HERE TO QUICKLY AND EASILY CONTACT YOUR MAYOR AND URGE HIM OR HER TO SUPPORT ENDING MARIJUANA PROHIBITION

Want to see what politicians, celebrities, academics, and more have already spoken out against marijuana prohibition? Click here to check out Marijuana Majority’s webpage.

Study Substantiates Benefits Of Cannabinoids For Post Traumatic Stress

Brain imaging research published this month in the journal Molecular Psychiatry provides physiological evidence as to why cannabis may mitigate certain symptoms of post-traumatic stress disorder (PTSD)

Post-traumatic stress syndrome is an anxiety disorder that is estimated to impact some eight million Americans annually. Yet, to date, there are no pharmaceutical treatments specifically designed or approved to target symptoms of PTSD.

Investigators at the New York University School of Medicine and the New York University Langone Medical Center, Steven and Alexandra Cohen Veterans Center for the Study of Post-Traumatic Stress and Traumatic Brain Injury reported that subjects diagnosed with PTSD typically possess elevated quantities of endogenous cannabinoid receptors in regions of the brain associated with fear and anxiety. Investigators also determined that many of these subjects experience a decrease in their natural production of anandamide, an endogenous cannabinoid neurotransmitter, resulting in an imbalanced endocannibinoid regulatory system.

Researchers speculated that an increase in the body’s production of cannabinoids would likely restore subjects’ natural brain chemistry and psychological balance. They affirmed, “[Our] findings substantiate, at least in part, emerging evidence that … plant-derived cannabinoids such as marijuana may possess some benefits in individuals with PTSD by helping relieve haunting nightmares and other symptoms of PTSD.”

They concluded: “The data reported herein are the first of which we are aware of to demonstrate the critical role of CB1 (cannabinoid) receptors and endocannabinoids in the etiology of PTSD in humans. As such, they provide a foundation upon which to develop and validate informative biomarkers of PTSD vulnerability, as well as to guide the rational development of the next generation of evidence-based treatments for PTSD.”

Anecdotal evidence and case study reports have increasingly indicated that cannabis may mitigate traumatic memories and anxiety. However, clinical trial data remains unavailable, in large part because US federal officials have blocked investigators’ efforts to study cannabis in PTSD subjects. In 2011 federal administrators halted efforts by investigators at the University of Arizona to complete an FDA-approved, placebo-controlled clinical trial to evaluate the use of cannabis in 50 veterans with treatment-resistant PTSD.

PTSD is also seldom identified as a qualifying condition in states that allow for the physician authorized use of cannabis therapy. (To date, only New Mexico explicitly cites PTSD as a qualifying condition for cannabis treatment, although a handful of other states, like California, allow doctors the discretion to legally recommend marijuana for post-trauma subjects.) In Oregon, lawmakers in the House are considering Senate-approved legislation, SB 281, that would allow PTSD patients to legally consume cannabis under the state’s nearly 15-year-old medical marijuana program.

Maine: Let the People Decide on Marijuana Legalization!

Residents of Maine may get the opportunity to vote on ending their state’s marijuana prohibition this fall, if lawmakers approve of an amended version of LD 1229: An Act to Tax and Regulate Marijuana in the coming weeks.

LD 1229 was introduced earlier in the session by Representative Diane Russell (D-Portland) and 35 co-sponsors. Despite the unprecedented legislative support, the measure faced a challenging work session last week, which initially looked as if it would scuttle the bill entirely.

Fortunately for supporters of ending prohibition, the fight continues on despite the negative recommendation out of committee. Representative Russell and the bill’s supporters intend to take the fight for legalization to the House floor in the coming weeks and they need our help. Thanks to amendments offered by Senators Plummer and Wilson, LD 1229 was revised to contain only a simple referenda component. If the amended bill is approved, it would place the question of whether or not to legalize marijuana on the ballot in Maine this fall. It will be a straight up or down vote on marijuana legalization, regulatory authority will fall to the legislature if the people of Maine vote in favor of this measure.

If you live in Maine, it is more imperative than ever that you reach out to your elected officials and urge them to support LD 1229. Regardless of their opinion on marijuana legalization itself, they should support this legislation which would allow the people of Maine to voice their opinion on this incredibly important issue. Tell your state politicians to “Let the People Decide” and to support LD 1229. Click here to quickly and easily do so.

Whether you live in Maine or not, we encourage you to sign this petition being circulated by the bill’s primary sponsor, Rep. Russell, and help us send a resounding message to lawmakers in Maine that it is time to let the people vote on this issue.

NORML will keep you updated as this legislation moves forward.

Together, we can legalize marijuana in Maine in 2013.

New York: The Hempire State?

Marijuana law reform is gaining some serious momentum in New York as we approach the end of this year’s legislative session.

Recent polling data released by Siena Research Institute revealed that 82% of New Yorkers support the medical use of marijuana. Fortunately for New York lawmakers, they can take action to address this issue that’s supported by an overwhelming majority of their constituents. Medical marijuana legislation is currently pending in both Houses of the New York Legislature and these measures have been gaining substantial political support. This legislation is expected to be debated by elected officials in the coming weeks. If you live in New York, click here to quickly and easily contact your state politicians and urge them to support this important legislation.

In addition to medical marijuana, it seems that full legalization will also soon be debated. State Senator Liz Krueger announced her intentions to introduce legislation that would legalize the recreational use and limited cultivation of marijuana. The measure would also allow for the commercial sale of marijuana at retail outlets regulated by the New York State Alcohol Authority.

“It is my intention as a New York State senator to soon introduce a law that would actually decriminalize, regulate and tax marijuana in New York,” stated Sen. Krueger.

NORML will update you when this legislation is introduced.