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| | Michigan Medical Marijuana Patient Guilty Of
Driving Under The Influence Of Marijuana
Return To OnlinePot's
Legal Section Main Page
MICHIGAN MEDICAL POT CASE COULD HIT TOP COURT
WOMAN 'GUILTY' IN POT CASE
MICHIGAN CASE LAW
ESCANABA - A Gwinn woman, cited for driving while under the influence of
marijuana, was found guilty as charged Tuesday - even though she had applied as
a medical marijuana patient weeks before.
Brenda Ann Chase, 46, was found guilty by Judge Glenn Pearson during a bench
trial in Delta County District Court. The defense had waived its right to
a jury trial and opted for Pearson to make a judgment on the matter.
Following testimony by three witnesses - a state trooper, a medical lab
technician, and a forensic scientist - the judge made his decision based on the
law and the facts presented.
According to the state's traffic code, a driver cannot operate a vehicle with
any amount of schedule I drug in his or her body. Marijuana is a schedule
I drug.
Chase's blood test results showed she had tetrahydrocannabinol ( THC ) in her
system at the time she was driving. THC is the active ingredient in
marijuana.
"The statutes for driving in Michigan...prohibit exactly what was proven in
this case," commented Pearson prior to his decision.
A driver operating a vehicle under the influence of drugs is the same as someone
driving with an illegal amount of alcohol in their system, he said.
"The court finds, beyond a reasonable doubt, that the defendant was
operating a motor vehicle...when she had ( THC ) in her system in violation of
the statute," Pearson concluded.
Assistant Prosecuting Attorney Mark Esqueda said in his closing argument that
evidence presented - including testimony and blood test results - showed Chase
was operating a motor vehicle with THC in her system. Defense Attorney
John M. Bergman said the medical marijuana law defends his client's
innocence because she had applied for a medical marijuana card on Nov. 3.
2009, prior to her arrest. A medical marijuana card allows patients who
suffer specific debilitating medical conditions to legally possess and use
marijuana.
Chase, who remains free on bond, will be sentenced Jan. 24 on one count of
operating a motor vehicle while under the influence of drugs. The
misdemeanor carries a maximum punishment of 93 days in jail and a $500 fine.
The day of her arrest, Chase was also cited for the following: possession of
analogues, second or subsequent offense; possession of marijuana, second or
subsequent offense; speeding; no proof of insurance; and no operators license in
her possession. These charges were dismissed.
Pubdate: Wed, 1 Dec 2010
Source: Daily Press, The (Escanaba, MI)
Copyright: 2010 The Daily Press
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