People v. Koon

Michigan’s Drunk Driving Law forbids any amount of marijuana in a person’s system while driving. This law is contrary to the Michigan Medical Marijauna Law because a patient is very more likely to have marijuana in their blood. it is also contrary the medical marijuana law wherein it states that a patient may not drive under the influence of marijuana.

The statutory definition of “medical use” includes internal possession. Therefore, the MMMA shields registered patients from prosecution for the internal possession of marijuana, provided that the patient does not otherwise possess more than 2.5 ounces of usable marijuana. Section 7 however, provides a list of activities that are not protected by the MMMA, which includes driving while under the influence. Engaging in those activities removes a registered patient from the MMMA’s protection because the patient is no longer acting in accordance with the MMMA. The MMMA 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), which prohibits a person from driving with any amount of marijuana in her or system. Under the MMMA, all other acts and parts of acts inconsistent with the MMMA do not apply to the medical use of marijuana. Consequently, MCL 257.625(8) does not apply to the medical use of marijuana.