OWPD – Driving Under the Influence of Marijuana

By November 5, 2014 January 21st, 2019 Marijuana Laws

Driving Under the Influence of Marijuana

Although the medical and recreational possession of marijuana is legal in Michigan, driving under the influence of marijuana or any other drug (including alcohol) is still illegal.  Prosecutors and judges are taking these offenses very seriously and your best defense is an attorney who will fight to protect and defend you.  Don’t trust your fait to the lowest bidder.

The Debate Over Driving Limits and Marijuana Use… It is common knowledge that most states have established a 0.08% blood alcohol level as the maximum legal limit for drivers over the age of 21. However, with the legalization of the use of recreational marijuana and medical marijuana, there are concerns about operating under the influence laws for drivers who smoke or consume marijuana. The police and prosecutors have been overzealous in these prosecutions and experienced defense lawyers are stepping up to keep innocent drivers from being wrongfully prosecuted. Similarly, judges are seeking to make an example out of those accused of driving under the influence of marijuana (OWPD) and it takes an aggressive and fearless defense lawyer to do what is necessary to get the client the most lenient sentence possible.

Drug Crimes - Michigan

Driving Limits – Driving Under the Influence of Marijuana

Even though Michigan allows medical and recreational marijuana, it does not have a driving limit set for being able to legally operate a motor vehicle after having consumed marijuana. This has been the impetus for many defense motions in matters where people are being prosecuted for driving under the influence of marijuana when they possess valid Medical Marijuana cards. The lawyers at LEWIS & DICKSTEIN, P.L.L.C. have filed several such motions successfully and will do whatever is necessary to seek a dismissal of all charges in your case.

The State of Michigan has not yet set a defined limit for the amount of marijuana that results in a presumption of impairment.

What is a Reasonable Standard?

According to the National Highway Traffic Safety Administration, users of marijuana experience the greatest amount of impairment during the first three hours of having smoked it. To determine recent use, active THC is tested in whole blood. Reasonable limits have been difficult to set because of lack of research on a standard impairment level, marijuana affects different people differently, and active THC stays in a chronic or medical user’s system longer, even if the person has quit smoking.

Top Rated Michigan Criminal Defense Attorney

Lawmakers expect defense attorneys to challenge the laws regarding Driving Under the Influence of Marijuana. The attorney’s with LEWIS & DICKSTEIN, P.L.L.C. accept the challenge!

Other States and Marijuana Driving Limits

Although opponents believe that 5 ng/mL is unreasonably low, it is one of the highest limits in the states that have enacted limits. Nevada (a medical marijuana state) has a limit of 2 ng/mL Ohio also has a limit of 2 ng/mL Montana (a medical marijuana state) has a limit of 5 ng/mL. Pennsylvania’s limit is also 5 ng/mL. Michigan’s legislature needs to make a decision as to the driving limits after having smoked or consumed marijuana. It should consider medical evidence and not rely on inadequate studies and emotion.

Michigan Criminal Defense Attorneys

Operating Under the Influence of Marijuana Criminal Defense Attorneys

LEWIS & DICKSTEIN, P.L.L.C. has handled thousands of cases involving marijuana. Our attorneys have represented people charged with marijuana offenses at the Federal and State level and both misdemeanors and felonies. LEWIS & DICKSTEIN, P.L.L.C. also has substantial experience in successfully handling matters related to Michigan’s Medical Marijuana law, and alleged violations of it, and handling cases where there is an allegation of driving under the influence of marijuana.

The attorneys at LEWIS & DICKSTEIN, P.L.L.C. are well-respected specialists in defending people charged with criminal offenses. Please call LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800 with any questions you may have or complete a Request for Information Form and one of our attorneys will promptly contact you.

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