Drug Abuse

 

 

Pubdate: Thu, 05 Mar 2009

Source: Times-Standard (Eureka, CA)

Copyright: 2009 Times-Standard

Contact: http://www.times-standard.com/writeus

Website: http://www.times-standard.com/

Author: Jessie Faulkner

 

MEDICAL MARIJUANA USE NO LONGER MEANS AUTOMATIC LICENSE SUSPENSION

 

The use of medical marijuana can no longer be the sole grounds for

losing driving privileges.

 

In a policy revision -- or clarification, depending upon who you speak

with -- the state Department of Motor Vehicles has determined, in

writing, that the use of medical marijuana prescribed by a physician

is to be treated the same as any other prescription medication that

may affect safe driving.

 

The update came about after the medical marijuana advocacy group

Americans for Safe Access (ASA) filed suit on behalf of a 53-year-old

Atwater woman who lost her driver's license due to her use of medical

marijuana.

 

"Despite Ms. [Rose] Johnson's clean driving record, not having caused

an accident in 37 years of driving, the DMV revoked her license on

July 26, 2008," according to the Americans for Safe Access'

announcement.

 

The specific DMV language, according to the ASA, cited Johnson's

addiction to or habitual use of a drug preventing her from safely

operating a vehicle.

 

Prior to the case going to trial, the DMV added the change to its

Driver Safety Procedure Manual and reinstated Johnson's driving

privileges, according to the ASA.

 

"The new DMV policy is a significant departure from how the agency

approached medical marijuana in the past," ASA Chief Counsel Joe

Elford said. "Drivers no longer have their licenses suspended or

revoked simply because of their status as medical marijuana patients."

 

DMV Information Officer Armando Botello said the agency has had the

policy, but only now has put it in writing. Specifically, medical

marijuana has been added, in writing, to the general class of

prescription drugs that may affect driving, but do not warrant a

suspension or revocation of driving privileges on their own.

 

Americans for Safe Access media liaison Kris Hermes disputes that

noting the number of medical marijuana patients whose licenses have

been revoked or suspended because they had medical marijuana

prescriptions continued in recent years.

 

"Advocates assert that the DMV policy of suspending and revoking the

licenses of medical marijuana patients was widespread, occurring in at

least eight California counties, including Alameda, Butte, Contra

Costa, Glenn, Merced, Placer, Sacramento and Sonoma," according to the

Americans for Safe Access news release.

 

The employees of the Eureka DMV office said they are prohibited from

speaking with the media, and Bortello said the agency's classification

of reasons behind license suspensions or revocations isn't tracked by

something as specific as being medical marijuana patients.

 

The cases are referred to regionally based hearing officers, he said,

who receive lots and lots of cases.

 

"Medical marijuana might be one of hundreds," Bortello

said.

 

Hermes said Wednesday in a teleconference that the issue has nothing

to do with driving under the influence -- both Johnson and an earlier

patient whose license was suspended did not drive while using medical

marijuana or under its influence.

 

"It's still a crime to drive under the influence of marijuana," ASA

Chief Counsel Joe Elford said. Elford represented Johnson in the

group's lawsuit.

 

Instead, the issue was the DMV's policy to revoke or suspend the

licenses of medical marijuana patients solely on the basis of being

medical marijuana patients.

 

_______________________________________________

Theharderstuff mailing list

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

http://mail.psychedelic-library.org/mailman/listinfo/theharderstuff