Comments on: Medical Marijuana and OWI in Michigan https://winbackyourlife.org/medical-marijuana-and-owi-in-michigan/ Survive Your Michigan DUI Arrest - CALL (248) 306-9159 for your FREE case review Fri, 19 Nov 2010 22:14:41 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: DWright https://winbackyourlife.org/medical-marijuana-and-owi-in-michigan/comment-page-1/#comment-1460 DWright Mon, 19 Jul 2010 17:47:39 +0000 https://winbackyourlife.org/?p=1426#comment-1460 Have you seen any cases of Michigan issuing a medical marijuana permit to a CDL holder then revoking the CDL based solely on the issue of the MM permit? Have you seen any cases of Michigan issuing a medical marijuana permit to a CDL holder then revoking the CDL based solely on the issue of the MM permit?

]]> By: ptbarone https://winbackyourlife.org/medical-marijuana-and-owi-in-michigan/comment-page-1/#comment-1334 ptbarone Tue, 04 May 2010 20:03:13 +0000 https://winbackyourlife.org/?p=1426#comment-1334 When drugs are involved the Michigan OWI statute provides two different theories which are available to a prosecutor seeking to gain a conviction for operating while intoxicated or impaired. These include either OUID (Operating Under the Influence of Drugs) or OWPD (Operating with Presence of Drugs). OUID is the appropriate theory for schedule III and IV drugs and with this theory the prosecutor must show that the drugs actually caused substantial impairment. The second OWPD theory is applicable and appropriate only when schedule I drugs are found in the driver’s blood. This is because such drugs are considered to be “zero tolerance.” Consequently, for zero-tolerance drugs the prosecutor is relieved of his or her burden to prove intoxication or impairment, and instead needs only to prove, beyond a reasonable doubt, that the drugs were in fact present in the driver’s blood at the time of driving. Marijuana is a schedule I drug. With prescription drugs, the theory available will depend on the scheduled on which the drug is found. When drugs are involved the Michigan OWI statute provides two different theories which are available to a prosecutor seeking to gain a conviction for operating while intoxicated or impaired. These include either OUID (Operating Under the Influence of Drugs) or OWPD (Operating with Presence of Drugs). OUID is the appropriate theory for schedule III and IV drugs and with this theory the prosecutor must show that the drugs actually caused substantial impairment.

The second OWPD theory is applicable and appropriate only when schedule I drugs are found in the driver’s blood. This is because such drugs are considered to be “zero tolerance.” Consequently, for zero-tolerance drugs the prosecutor is relieved of his or her burden to prove intoxication or impairment, and instead needs only to prove, beyond a reasonable doubt, that the drugs were in fact present in the driver’s blood at the time of driving. Marijuana is a schedule I drug. With prescription drugs, the theory available will depend on the scheduled on which the drug is found.

]]> By: Ted Bratton https://winbackyourlife.org/medical-marijuana-and-owi-in-michigan/comment-page-1/#comment-1325 Ted Bratton Sun, 02 May 2010 23:33:57 +0000 https://winbackyourlife.org/?p=1426#comment-1325 Good Blog! I've been out of the loop too long, Patrick. In the case of prescription drugs legally prescribed (e.g., valium, vicodin, codeine) and found in a driver's blood/urine, my gut feeling is that the persecution would have to prove actual impairment while driving. Could you address this along with your thoughts when there is -vs- isn't alcohol detected (both under and over the legal limit). NO, I am not involved in any cases involving such a scenario. Good Blog!
I’ve been out of the loop too long, Patrick. In the case of prescription drugs legally prescribed (e.g., valium, vicodin, codeine) and found in a driver’s blood/urine, my gut feeling is that the persecution would have to prove actual impairment while driving. Could you address this along with your thoughts when there is -vs- isn’t alcohol detected (both under and over the legal limit). NO, I am not involved in any cases involving such a scenario.

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