Drugged Driving Update with Mike Kelly (ICLE Interview)
With Michigan’s legalization of the medical use of marijuana in 2008 and its recreational use in 2018, the number of instances of drugged driving has been on the rise. This presents a unique situation, as prior to its legalization any level of marijuana in a users system was illegal, regardless of whether or not they are operating a motor vehicle.
Now that it is legal, the question comes into play as to how long an individual must wait in order to be able to operate a vehicle. This can be a tricky question to answer, as it has to do with several factors, both in terms of the quantity and potency of the marijuana consumed, as well as the particular individual and how their body processes the drug.
As an DUI attorney focuses in Drugged Driving or Operating Under the Influence of Drugs (OUID), Mike Kelly is a subject matter expert on the legal side of these issues.
Mike Kelly shared his expert perspective in a discussion with Dan Grow of ICLE, the question is brought up regarding when an individual can operate a vehicle after they consume marijuana. As mentioned earlier, this is a tricky question to answer and Mike indicates that there is often a differing treatment between those who have a medical card and recreational users.
In the discussion, Mike indicates that those with medical cards who are prescribed the use of marijuana through by their doctor to treat a legitimate medical issue are less likely to have a problem with the law when it comes to OUID. This is because as regular users, they will have relatively high nanograms of THC in their system all the time, making it nearly impossible to be completely clean during the operation of a motor vehicle.
On the flip side, Mike states that those without a medical card who are found with high amounts of THC in their system will be viewed as irresponsible recreational users and generally speaking will have the full force of Michigan’s OUID laws along with other possible drug related charges thrown at them.