The Michigan Supreme Court issued a unanimous ruling Tuesday afternoon in favor of a man prescribed for medical marijuana who was accused of driving under the influence.
MLive.com reports that Rodney Lee Koon was pulled over for speeding back in 2010. He then informed the enforcing officer that he was a registered medical marijuana patient and that he had smoked five to six hour prior to being pulled over. Koon then submitted a blood test showing that he still had THC in his system.
Koon was later charged with operating a motor vehicle while under the influence of a Schedule 1 controlled substance.
The Michigan Supreme Court overturned the decision, however, stating that the Michigan Medical Marihuana Act says that registered patients can get immunity from prosecution for medical use, which is defined in the statue to include "internal possession."
"While we need not set exact parameters of when a person is 'under the influence,' we conclude that it contemplates something more than having any amount of marijuana in one's system and requires some effect on the person," said the court.
The court told prosecutors that in order for the initial charges to stick, they must prove that Koon was impaired while he was behind the wheel.
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