Can I appeal my drivers license loss if I am a medical marijuana patient? 5 Answers as of May 11, 2011

I lost my license in 2006 for DUI. I am now going to be prescribed medical marijuana, and wanted to know if that would affect my appeal process. I will have to take a drug test and undergo an assessment to start the process.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
The Michigan Medical Marijuana Law provides that the use of marijuana by a person authorized under the statute cannot be used against that person for criminal prosecution. However, there is a split of authority as to whether the Medical Marijuana Law or the driver's licensing law controls. Under the driver's licensing law, you cannot have any amount of a controlled substance in your blood when driving. This runs contrary to the Medical Marijuana Law as the active ingredient in marijuana, THC, remains in your blood for possibly up to 30 days. People have been charged with driving under the influence on account of having THC in their blood. Some courts have thrown these out if the person has a valid medical marijuana card. Based on the Medical Marijuana Law, using marijuana as prescribed should not affect your ability to obtain a license, however, this is a relatively new area of the law and there isn't much authority on this subject.
Answer Applies to: Michigan
Replied: 5/11/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Yes you can appeal it. However, it may be a waste of time because DAAD is not going to give you your license back knowing that you are using marijuana. If you would like more information visit my website for more information and good luck in the process.
Answer Applies to: Michigan
Replied: 5/5/2011
Law Office of Daniel J. Larin
Law Office of Daniel J. Larin | Daniel Larin
You will most likely be denied a license if you are using marijuana. The Secretary of State does not look favorably on the use of *any* drug with the potential for abuse, including other prescription medications. The Secretary of State considers you an addict, because of your DUI's. So they will not look favorably on the use of a drug which has, in their mind, potential for abuse. You will need to prove abstinence from marijuana in addition to alcohol for at least a year before they will even consider giving you a license.
Answer Applies to: Michigan
Replied: 5/4/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Getting your license back requires rebutting the presumption that you are a habitual drinker and driver. This involves presentation of an Alcohol (substance abuse) assessment, proof of sobriety, and letters of reference. The use of marijuana goes against your assessment, which would hopefully say that you are not dependent on alcohol or controlled substances. It makes your petition for reinstated license more difficult but not impossible. Should you need assistance in the Macomb, Oakland, or Wayne County areas, you may wish to retain this office or another attorney to assist you.
Answer Applies to: Michigan
Replied: 5/4/2011
Nichols Law Firm
Nichols Law Firm | Michael J. Nichols
You do not have "new" grounds for appeal but you can petition for the restoration of your privileges even without the issue of the medical marijuana card. The medical marijuana card development may actually complicate your petition.
Answer Applies to: Michigan
Replied: 5/4/2011
Click to View More Answers: