Scope of Medical Marijuana Law Tested After Michigan OWI Arrest
An arrest for driving while under the influence of alcohol or drugs in the state of Michigan is a big deal. Experienced Michigan drunk driving attorneys see it often–conviction of operating while intoxicated will not only affect a person's driving privileges, but also their livelihood and beloved freedoms. Routine traffic stops can often turn unpleasant in these circumstances, as seen by the recent case of a Michigan man who was arrested on DUI charges is also being held for marijuana possession, even though he is a registered card-holder.
In March 2010, Marshall resident Aaron Katz, 37, was pulled over by Meridian Township police officers for a traffic stop. On further investigation, the law enforcement officials concluded that Katz was not only driving while intoxicated, but also was in possession of marijuana. Therefore, not only is the suspect facing Michigan drunk driving charges, but also drug charges–ultimately increasing the severity of the counts against him.
The suspect maintains that he uses marijuana for medicinal reasons. Court documents state that Katz suffers from severe nausea, chronic pain, and persistent spasms. According to his Michigan criminal defense attorney, the marijuana possession charge against the defendant should be dropped.
Ingham County Prosecutors argue that Katz did not have a "bona fide" relationship with the physician that gave him a referral for the medical marijuana program. Additionally, they find the suspect liable for the narcotics possession because he became a card-holder after arrest. However, counsel for the defense criticizes the prosecution for their attack on the delicate relationship between doctors and their patients. "The issue is whether (the) Department of Community Health checked it out, endorsed the application and granted the card. It's nobody's business how long (the doctor) spent with that person and what (he or she) did to analyze their case," Katz's attorney explained.
Additionally, while it is recognized that Katz received his state-issued clearance card police took him into custody, defense lawyers in this case maintain that he should be allowed to qualify because his medical conditions and symptoms existed prior to arrest. Should Katz be convicted of these crimes, he will almost certainly lose his driver's license and may even face time behind bars.
While both sides debate the case, it is clear that this case could further clarify the hotly-debated Michigan Medical Marijuana Act passed in 2008. Currently, there is nothing in the public health code that clearly outlines what defines a "bona fide" relationship between a patient and their medical practitioner.
As seen by the example of Aaron Katz, the consequences of a drunk driving or marijuana possession arrest can be severe–even if one is cleared by the state to use marijuana for medicinal purposes. Conviction of such a crime will have severe repercussions for a person, seriously limiting personal freedoms and liberties. To protect yourself and your rights, it is essential to contact hard-working Michigan drunk driving lawyers immediately for assistance. Acting quickly can not only ensure superior legal advice and legal representation, but can help keep you at home with your family and not behind bars.
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