In Michigan it is a crime to drive with any amount of marijuana (or THC) in your system. This is what is called a “zero-tolerance” crime because the state is relieved of its obligation to prove that the marijuana caused your driving to become impaired. This is unfortunate, but it does not necessarily mean that if you are charged with OWI in Grand Rapids based on marijuana, that you have no defense, and since the penalties for OWI marijuana are exactly the same as with alcohol, it is important for you to explore every defense option available.
Issues With Determining ImpairmentAccording to an NCDD article written by DUI defense lawyer Manny Daskal: “part of the problem in trying to deal with marijuana for law enforcement purposes is the difference between alcohol and marijuana in absorption and elimination based on solubility. The alcohol model is the model scientists and politicians have tried to superimpose upon marijuana. However, unlike alcohol, marijuana is not water soluble which hinders its being processed and eliminated from the body. Marijuana and its constituent metabolites are much slower in being metabolized and eliminated from the body. The issues had created a number of attempts by researchers to attach a numerical (per se) value similar to the moving target in alcohol where the numerical value has changed with political pressure. Marijuana Cleary is a target of the political vagaries of the times.”
Then of course there is the issue of impairment. Again, according to Mr. Daskal’s article: “contrary to alcohol related studies, several studies over the years (see DOT and UK studies) have concluded that marijuana use makes one a better driver due to compensatory mechanisms.”
Potential DefensesSo, we see that there are potentially defenses in an OWI — marijuana case/chage and these defenses can be based on the metabolism of marijuana and the lack of impairment. Now, keep in mind that in order for these defenses to be successful they must relate to an issue of law. Once the case gets the jury, then the law that will apply is one of zero tolerance. That is to say, so long as the jury follows the law, and so long as they find all the other elements of OWI (driving for example, and the presence of marijuana in your blood), then they may find you guilty.
On the other hand, there are a multitude of other possible legal defenses that might apply to a Michigan OWI — marijuana. These include things like “operation” (were you in operation of your vehicle?), were you properly arrested (a legitimate issue when there is likely no evidence of impairment), was the evidence properly collected (all the blood defenses might apply), and many others.
Clearly Michigan OWI based on marijuana is defendable despite the fact that it is a zero tolerance crime. However, properly defending such a case will require the assistance of a lawyer specializing in these crimes.