Driving With Marijuana in Michigan. What You Need to Know!
Marijuana is currently legal in Michigan. In 2008, the use of medical marijuana became legal through the Michigan Medical Marihuana Act, making Michigan the 13th state to allow marijuana for medical purposes. In 2018, Michigan became the first Midwestern state to legalize recreational marijuana for people aged above 21 years.
However, there are limitations on what one can possess or where one can use this drug. This article discusses state laws on the use of marijuana and the liability of those who smoke and cause a car accident.
Can You Legally Smoke Marijuana in Michigan?
Michigan legislation allows adult use of marijuana. Anyone above 21 can obtain, possess, and consume up to 2.5 ounces of marijuana. Each household can also grow up to 12 marijuana plants at home. Those who do not cultivate plants can keep up to 10 ounces of marijuana flower in a secure place at home.
However, this does not mean public consumption is allowed. Smoking marijuana should be done privately, such as within the person’s residence only. Also, it is illegal to smoke marijuana when parked in public places.
What Is Michigan’s Zero Tolerance Law?
Michigan’s zero-tolerance law prohibits individuals to drive a vehicle under the influence of marijuana. Any amount of THC in the system creates a presumption that a person is driving under the influence of marijuana, considering that the state does not currently have a legal THC limit. This law seems pretty straightforward. If you are caught driving while using marijuana or under the influence of marijuana, you are putting yourself at risk for criminal charges related to drugged driving. If you happen to cause an auto accident, you also run the risk of being named in a lawsuit in addition to the insurance company.
Can a Person Smoke Marijuana and Drive in Michigan?
No, a person driving under the influence of cannabis is not allowed to drive under the law.
Notwithstanding the legalized use of medical marijuana and recreational marijuana, Michigan law prohibits drivers from consuming and smoking marijuana while driving a motor vehicle. In short, it is illegal to smoke marijuana and drive. Passengers are also not allowed to smoke inside the cabin of a vehicle.
While Michigan does a zero-tolerance policy, simply having marijuana in your system does not mean that you are impaired. The law is applied differently to those who are registered to use marijuana medically in Michigan. Also, the concentration of THC in your your blood isn’t cut and dry like it is with alcohol. THC remains in the blood longer than you stay under the influence of marijuana, and this complicated the question of impairment.
The police typically will determine if impairment is present based on their experience and observations. Many officers will specifically look for drivers who are traveling far below the speed limit or just driving erratically. They also know how someone acts who is under the influence of drugs and/or alcohol. If they feel something is wrong, they will tend to look harder or require a chemical test.
Are There Special Exemptions for the Use of Medical Marijuana?
If an individual has a valid medical marijuana card and is driving with marijuana in their system, this individual is exempted under the law. However, a Michigan Supreme Court ruling in 2013 held that the Michigan Medical Marihuana Act takes precedence over the zero-tolerance policy under the Michigan Vehicle Code. Therefore, in proving liability, the officer must show they are impaired due to marijuana.
Can I Transport Marijuana Across The Michigan State Line?
It might be tempting to transport marijuana to friends and family who live in different states, but you must remember it is still illegal to move marijuana across state lines. Whether you live in Michigan and take it across or live out of state and take it back home, both are illegal and can leave you facing state or federal charges. In some instances, transporting marijuana could even be considered drug trafficking. This can be true if you bring marijuana into another state where it’s legal.
Side Effects of Marijuana That Impact a Person’s Ability to Drive
It is common sense why driving while using marijuana or under the influence of marijuana should be prohibited.
For those who are unaware, there are known dangers associated with smoking weed. According to a report, marijuana is the most frequently detected impairing substance among drivers, next to alcohol. The use of marijuana can affect drivers in a variety of ways.
According to the Centers for Disease Control and Prevention, the use of marijuana can weaken important skills required to drive a motor vehicle safely. One study showed that a person’s driving ability is compromised for as much as four hours after ingesting marijuana.
Among the possible effects of driving under the influence of marijuana include:
- Slow reaction time when it comes to driving decisions
- Impaired coordination
- Distorted perception
- Dizziness
- Drowsiness
- Memory loss
- Lowered inhibitions
Marijuana contains THC, which is considered as a mind-altering compound. It is this content that affects the area of the brain that controls body movements, balance, coordination, memory, and judgment.
What Cases Can You File Against a Drug-Impaired Driver?
If you were injured in a car accident by a drug-impaired driver, you can sue the at-fault driver for personal injury claims and damages. You can also pursue no-fault insurance coverage from your insurance company. Immediately contact your attorney to protect your rights.
How the Police Determine if a Person Is Operating While Intoxicated
For those driving under the influence of alcohol, field sobriety tests help the police determine the driver’s level of intoxication. These are often used to prove a person’s level of intoxication and help officers determine whether the driver’s ability to operate a vehicle is affected. There are also chemical tests in the form of breath, blood, or urine to determine a person’s blood alcohol concentration.
When it comes to drugs, the police usually rely on urine chemical test in addition to circumstantial evidence.
Typically, they will conduct the following to determine if the person is a drug-impaired driver:
- Examination of the overall physical condition of the driver
- Driver’s ability to perform standardized or non-standardized field tests
- The smell of marijuana in the vehicle
- Possession of marijuana by the driver
- Statements of witnesses
- Statements of the driver and passengers
If the drugged driver refuses to take the test, the law enforcer must get a warrant to subject the driver to a test.
How to Prove Liability for an Accident Involving Marijuana
Proving the liability of the drug-impaired person may be a little complicated. It is crucial to prove that when the accident happened, the driver was under the influence of marijuana. Therefore, you have ensure that the incident is properly documented and reported to the authorities.
If you or the police suspect the driver to be drug-impaired, it is best to contact an experienced car accident attorney. The lawyer will help prove that the driver was impaired during the accident.
What to Do if You Were Injured in a Car Accident by a Drug-Impaired Driver
If you were hit by a driver who you suspect is on drugs, here are the steps you should take:
- Call 911.
- Once police officers arrive, tell them what actually happened. Tell them about your suspicions. Ask them to make a police report.
- Take pictures of the damage that resulted from the crash.
- Before you leave the site, talk to eyewitnesses and ask for their contact details.
- Get medical treatment for your injuries. No matter how minor they look, get a medical check-up. Some symptoms may only appear days or weeks after the car crash.
- Record all your expenses.
- Speak with an experienced personal injury attorney in Michigan.
Document everything. Your documentary evidence is vital to the prosecution of the offense and your compensation claim.
Contact a Personal Injury Attorney for a Free Consultation.
If you happen to be involved in a car accident and you suspect the driver to be driving while smoking marijuana, it is best to consult with personal injury attorneys.
The Clark Law Office is a leading Michigan personal law injury law firm located in Okemos and Lansing. We handle many areas of personal injury law, including accidents that result in injuries caused by persons driving under the influence of alcohol, marijuana, and other illicit drugs.
Contact us now for a free consultation. Text (517) 347-6900 today.
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