By Attorney James Czarnecki|Czarnecki & Taylor PLLC|Nov, 3, 2022
Since Michigan legalized recreational marijuana, charges for operating under the influence of marijuana are on the rise. There are several things to understand about this offense. First, it is important to know what constitutes marijuana impaired driving under Michigan law. Like DUI offenses, operating a motor vehicle under the influence of marijuana can result in very serious charges.
What to know if you’re operating under the influence of marijuana in Michigan.
It is illegal to drive with trace amounts of THC (the psychoactive compound found in cannabis) still active in your system. Even medical patients must be careful when they’re behind the wheel. If the police suspect impairment – whether it’s due to THC or another substance entirely, you can be arrested.
However, Michigan has a zero-tolerance law.
Zero tolerance means that it is illegal to drive with any amount of marijuana in your system. However, people with medical marijuana cards may be exempt from that specific zero-tolerance rule.
Michigan’s zero tolerance policy for operating under the influence of marijuana.
Unlike an OWI/DUI offense, there is no legal THC limit requirement in Michigan to prove a person is guilty of marijuana-impaired driving. Theoretically, a legal THC limit would be the amount of active THC in a person’s system that creates a presumption that the person is operating under the influence of marijuana in Michigan. For example. for OWI/DUI offenses, the legal alcohol limit is .08. Tetrahydrocannabinol, THC for short, is the chemical responsible for marijuana’s psychological effects.
Unlike operating while intoxicated offenses, since Michigan does not currently have a legal THC limit, a minimum amount of THC in a person’s body creates a presumption that a person is driving while under the influence of marijuana.
What this means is that operating under the influence of marijuana in Michigan is a zero-tolerance offense. Specifically, a person cannot operate a car with any amount of active THC in their system. See MCL 257.625. Section 8 of statute states:
A person, whether licensed or not, shall not operate a vehicle on a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has in his or her body any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.
MCL 257.625
Medical marijuana users may have an exemption from the zero-tolerance policy.
A possible exception to the zero-tolerance policy may exist for people with medical marijuana cards.
There are some protections for people who have been issued a medical marijuana card. In 2013, the Michigan Supreme Court held that the Michigan Medical Marihuana Act takes precedent over the zero-tolerance standard of the Michigan Vehicle Code for driving after having used marijuana.
The MMMA may provide people with medical marijuana cards an exception from the zero-tolerance policy for medicinal use. Essentially, the “any amount” of marijuana is not the only burden the protection must overcome when prosecuting these cases. The MMMA still prohibits operating under the influence of marijuana in Michigan. However, the Supreme Court held that the act did not define operating under “under the influence” for medical marijuana purposes.
Based on DUI offenses, we can still legally determine what operating a vehicle when you are under the influence of marijuana would look like. THC has been proven to cause psychoactive effects on cognitive functions, including memory and coordination, as well as sensory perception changes like increased sensitivity to light and sounds, delayed reaction time, and difficulty with task switching, divided attention and other complex tasks.
So, besides the active THC metabolites in your system, the prosecution must show that your ability to operate a motor vehicle has been negatively affected by the use of marijuana. The prosecution must actually prove marijuana impairment rather than simply showing that active THC is in a person’s blood.
Impaired driving can be reflected in the failure to maintain proper lane position, speeding, braking problems, and poor judgment. This means that an accident, swerving, driving too slow, weaving in and out of lanes, and other signs of bad driving will all be relevant facts in an operating while impaired by marijuana case.
To summarize, the Michigan Supreme Court ruled that medical marijuana cardholders cannot be prosecuted for operating under the influence of marijuana in Michigan on the basis they have active THC in their system. In medical marijuana cases, the prosecutor needs to provide additional proof of marijuana impairment.
The Court held that “under the influence” contemplates something more than having any amount of marijuana in one’s system and requires some effect on the person. A police officer must also testify that they had probable cause before making an arrest in Michigan, which is basically saying that their suspicions were reasonable enough – based on what they saw while interacting with a driver who was suspected of being high. It is still open to question if this standard applies to recreational marijuana users.
Is it illegal to drive and smoke marijuana in Michigan?
Yes. Smoking marijuana while driving is illegal in Michigan and can result in severe penalties. In Michigan, it is a crime to drive with any amount of THC or marijuana in your system, even if you are not impaired. If you are suspected of being under the influence of marijuana while driving, you may be subjected to a blood test that measures the level of THC in your body.
Michigan’s OWI and Marijuana Impaired Driving Statute
Michigan makes it illegal for a person to operate a motor vehicle while intoxicated. MCL 257.625. The same law prevents a person from operating under the influence of marijuana in Michigan. The possible penalties include:
- maximum 93 days in jail
- a fine of not more than $500 for a first offense
- 6 points placed on the person’s driving record
- driver’s license suspension of not more than 180 days
- probation
- community service
- drug testing
- alcohol testing
- court ordered counseling programs
Often, a charge of operating under the influence of marijuana in Michigan can be reduced to the lesser offense of “operating while visibly impaired.” If convicted of this offense, a person faces:
- maximum 93 days in jail
- a fine of not more than $300 for a first offense
- 4 points placed on a person’s driving record
- a restricted license (unlike an OWI conviction) – the restricted license enables a person to drive to and from work, education, medical emergencies, counseling, religious services .
Attorneys can frequently save a person’s driver’s license by getting an OWI offense reduced to impaired driving. This would also work for operating under the influence of marijuana.
How do the police determine that you were driving while impaired by marijuana?
There are several methods that law enforcement officers use to determine whether a driver is impaired by marijuana. Some of these methods include roadside sobriety tests, drug recognition evaluations, and blood or urine tests to measure the level of THC (the active ingredient in marijuana) in the driver’s system. All of these methods are designed to help police identify drivers who are under the influence of marijuana and unable to safely operate a motor vehicle.
One of the main ways that police determine if a driver is under the influence of marijuana is through roadside sobriety testing. These types of tests typically involve evaluating things like an individual’s balance and coordination, as well as their ability to follow directions, remember information, and perform simple tasks.
In addition to roadside sobriety testing, many police departments employ drug recognition experts (DRE) who are trained to identify individuals who are impaired by marijuana or other drugs. These experts typically use a 12-step evaluation process that includes an interview with the driver, physical and mental examinations, and a series of standardized field tests.
Finally, if there is reason to believe that a driver may be under the influence of marijuana or other drugs, they may be asked to provide blood or urine samples for testing. If the driver does not consent to a test, the police can apply for a search warrant to authorize a blood draw. This type of testing can help determine not only the presence of THC in the driver’s system but also whether the level is high enough to impact their ability to safely operate a motor vehicle.
However, these tests only show whether you have recently used marijuana and are not an accurate indicator of how impaired you may be while driving. Additionally, traces of THC can remain in the body for several days after use, so even if the test comes back negative, this does not necessarily mean that you are safe to drive. This is why the police will use field sobriety tests to determine the level of impairment.
Overall, while there are no specifically defined limits for THC levels in the bloodstream, it is illegal to drive in Michigan if you are impaired by marijuana or any other drug. If you are caught operating a vehicle under the influence of marijuana, you could face serious legal consequences, including steep fines and jail time. Therefore, it is important to be aware of the laws surrounding marijuana and driving, and to always make safety your top priority when behind the wheel.
What is a Michigan drug recognition expert (DRE)?
A drug recognition expert, or DRE, is a law enforcement officer who allegedly specializes in identifying drivers who are under the influence of drugs. These officers undergo extensive training to learn how to recognize the different physical signs associated with drug use, and then apply that knowledge when conducting DUI investigations. Some of the specific skills and abilities that a DRE must master include:
- Recognizing typical symptoms associated with different types of drug use, such as slurred speech and impaired coordination.
- Determining whether there is probable cause to suspect that someone is driving under the influence of drugs.
- Conducting thorough field sobriety tests to determine if there is evidence of impairment due to drug use.
- Providing expert testimony in court about their findings and the conclusions they have drawn from their investigations.
Overall, a drug recognition expert is a resource for law enforcement agencies, as they detect driving under the influence of drugs.
Conclusion
This article provides a brief overview of operating under the influence of marijuana in Michigan. An attorney will need to stay up-to-date with the ever-changing laws in this area of criminal defense.
An attorney defending a person charged with operating under the influence of Marijuana in Michigan requires skill, education, experience, and training. People charged with operating under the influence of a controlled substance need an attorney who thoroughly understands this area of criminal law.
Operating under the influence of marijuana cases involves many facets. An attorney must understand scientific testing standards and the difference between inactive and active metabolites resulting from marijuana use. Also, an attorney must understand how an operating under the influence conviction can impact a person’s driver’s license.
As discussed earlier, operating under the influence cases can be complicated if the person has a medical marijuana card.
How our team of experienced attorneys can help if you are charged with operating under the influence of marijuana in Michigan.
If you are facing charges for operating under the influence of marijuana in Michigan, our team of experienced criminal defense attorneys can help you navigate this complex charge and protect your rights. At Czarnecki & Taylor, our skilled lawyers have extensive experience handling cases related to criminal charges involving marijuana, including those associated with OUI charges.
Operating under the influence of marijuana (OUI) is one of the most commonly charged crimes in Michigan. If you are found to be operating a vehicle while impaired by marijuana or other illegal drugs, you could face serious consequences that may impact your future and livelihood. For this reason, it is critical to work with an experienced attorney who can guide you through the criminal justice process and help you fight your charges.
Recognizing that every case is unique, we take the time to listen carefully to your individual situation and develop a legal strategy tailored to fit your needs. Whether it involves challenging the admissibility of chemical test results or negotiating with prosecutors on behalf of our clients, we will work aggressively on your behalf to protect your rights and achieve the best possible outcome in your case.
In Michigan, most police officers that arrest people for operating under the influence of marijuana receive little if any training on drug (non-alcohol) impaired driving. For example, less than 5% local police and state troopers are drug recognition experts (DREs). So, while many officers do not have the proper training to detect drug marijuana impairment, the number of non-alcohol, operating under the influence of drug charges, continues to rise across the state.
Aside from challenging the blood draws and procedures, our experienced attorneys may be able to challenge the officer’s reason for the traffic stop. Impaired driving cases can be incredibly complex, and because of this, it is crucial that you work with an experienced criminal defense attorney who understands the intricacies of these types of cases. If the officer did not have a valid legal justification for stopping your vehicle in the first place, then any subsequent evidence gathered during the stop may not be admissible in court. This could make all the difference in whether you are convicted of operating under the influence of marijuana.
One common tactic used by law enforcement officers when conducting a traffic stop is to look out for signs that someone might be impaired while they are driving. These can include swerving between lanes, driving slowly, or failing to use turn signals. However, there are often other reasons why a driver might exhibit these behaviors, such as being distracted or fatigued, that are not the result of drug use.
Also, our team can a negotiate a plea deal to have the charge of operating under the influence of marijuana dismissed and reduced to a charge that will not result in the loss of your driving privileges. Our team of criminal defense attorneys is comprised of experienced professionals who know how to negotiate a plea that gets your charges reduced and saves your driver’s license. Our lawyers will take the time to understand your unique situation and develop a strategy tailored to your individual needs. Whether you wish to plead guilty or go to trial, our team of experts will work on your behalf in order to achieve the best possible outcome.
With the help of an experienced criminal defense attorney, you can rest assured that you will have the best possible chance of successfully challenging the reason for your traffic stop in a DUI case. So if you are facing drunk driving charges, be sure to work with a skilled attorney who understands the ins and outs of these types of cases.
One of the most important things to consider when choosing a criminal defense attorney is their track record of success. At Czarnecki & Taylor, we have an impressive track record of success and are committed to providing the highest quality defense representation for people charged with all types of crimes. We understand that being accused or arrested for a crime can be an overwhelming and stressful experience, which is why we take a focused and personal approach to each case we handle.
Our experienced attorneys have two decades of experience specializing in criminal defense and know what it takes to achieve favorable outcomes in criminal cases. Whether you’ve been charged with a misdemeanor or felony, we will thoroughly review your case to identify any potential weaknesses in the prosecution’s evidence and work to build a strong defense on your behalf. We also have in-depth knowledge of the criminal justice system and will leverage our resources and relationships within the legal community to help you get the best possible result for your case.
At Czarnecki & Taylor, we understand that choosing to hire an attorney is a big decision, which is why we are committed to providing excellent client service throughout your case. When you work with us, you can be confident knowing that we will always be available to answer any questions or concerns you may have about your case and do everything in our power to achieve a favorable outcome for you.
If you are facing charges for operating under the influence of marijuana in Michigan, do not hesitate to contact The Law Office of Czarnecki & Taylor today to learn more.
Contact Czarnecki & Taylor
If you are a regular marijuana user, its use puts you at a heightened risk of being charged with operating under the influence charge. If you have been charged with operating under the influence of marijuana, contact our office and we’ll be glad to speak with you about how best to handle your case. Consultations are always free.
Do you have questions regarding operating under the influence of marijuana in Michigan? We’ve got answers. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.