Michigan OWI Marijuana Lawyers

The dangers of drinking and driving are well known. Most drivers in Michigan know that the legal limit for alcohol is a 0.08% blood alcohol content (BAC) and that a BAC of 0.17% or more means that you can be charged with the offense of “Operating with a High BAC,” commonly known as a “super drunk.” While drinking and driving is and continues to be a major concern for Michigan citizens, the good news is that drinking and driving is actually on the decrease. According to a NHTSA Roadside Survey from February 2015, only 1.5% of weekend nighttime drivers had a BAC of 0.08 or above. This is a decrease of a nearly one-third since 2007. However, the number of drivers with THC—one of the active ingredients in marijuana—and other drugs, including legal prescription drugs, is on the rise.

With medical and adult use (recreational) cannabis now legal in Michigan, common question that is asked is “how much marijuana can I use before I drive or how long do I have to wait after using before I can drive?”

The Truth About People v. Koon

In 2013, the Michigan Supreme Court decided People v. Koon, which ruled that the Michigan Medical Marihuana Act offers protection from arrest and conviction for a crime of Operating with the Presence of any THC in a person’s bloodstream but does not protect those who operate a vehicle while under the influence of marijuana. This decision largely acknowledges the fact that THC often stays in a person’s bloodstream long after the effects of the marijuana have worn off. The State of Michigan also recently published a report that confirmed these findings.

While the Michigan Supreme Court only considered the context of medical marijuana, due to the almost identical nature of the language in the Michigan Medical Marihuana Act (which legalized medical marijuana in Michigan) and the Michigan Regulation and Taxation of Marihuana Act (which legalized recreational marijuana in Michigan), it is very likely that the Koon decision also extends to adults age 21 and over in Michigan.