Speeding Stop Led To Charge Of Driving Under Influence Of Drugs

[Croppled1]

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.

 

Please go to the source for the rest of the coverage and or more information

 

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

 

 

The Medicinal Cannabis Drivers Prayer .

 

Dear Power that watches over us

Grant us a steady hand , mind , and watchful eye

That none ever be injured or hurt as we travel

We are medical patients with medicinal need

We have our medicine many do not understand

Help us access ourselves each time we desire to get behind the wheel

That we will follow all common sense law

That never will injury or death result from our actions

 

Dear power that gave us life

We promise to protect your loving gift .

To never drive not understanding the effects of our state of health and medicinal items

We pledge if and when we do drive to do so with loving concern

To always conduct ourselves so as to protect from distress or anxiety those whom share our road

We offer each hour in reparation to you

We pray for the healing power of acceptance , tolerance and brotherhood in our Nation

We pray for equal access to education and work by abillity within our communities

 

We are patients

[Croppled1]

On Nov 30, 2010, at 6:48 PM, Jerry Glasscock wrote:

 

> Community,

>

> In Delta County today Brenda Chase was found guilty at her trial for DUID. Her

> attorney decided it was best to go without a jury figuring this case will be

> settled at the appellate level. Can't say I agreed with this stategy but

> doesn't matter much now.

>

> Judge Pearson stated in his closing remarks that having THC in one's system is

> grounds to find someone guilty of DUID. He also went on to state that

> impairment wasn't needed to be proven to be found guilty.

>

> We have started planning on having as large of a protest as possible for

> sentencing that is scheduled for Jan 24th at 11:15 in Escanaba,MI. Already we

> have people committed to bring refreshments for the protesters, hot chocolate,

> coffee and sandwiches. We need to work together to make a stance here on this.

>

>

> Out of over 50k+ patient/caregivers being registered with the state it should be

> possible to have a couple hundred folks with a vested interest in attending this

> rally. This is an issue where all of us who have a valid driver's license are

> affected. We have the power to make a huge statement here showing the

> government we do not agree with this and are willing to stand up for our

> rights.

>

>

> It is time for action, please contact me if your willing to help make this a

> successful rally or any questions you may have. This case pisses me off

> considerably and hope all who read this feel the same way.

>

> Jerry

 

Article with very informative , interesting and some inflamatory comments please go to source and read

 

 

http://www.uppermichiganssource.com/news/story.aspx?id=548430

 

Please contiune to search for updates and information before travelling large distances .....off the Norml line .Courts have been changing dates last minute it is a good idea to verify the day before if making a exceptional effort in travel.

 

Stand up and be counted as legal - 30% of the States have now passed Medical Marihuana laws . Read the law, obey it , and keep pushing for more reform . We all know our conditions leave us no alternatives for comfort and prohibition corrupts.

[Indicat]

just a friendly reminder to use that CRUISE CONTROL people. set it at the speed limit and watch your worries pass on by.