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been revoked or suspended because they had medical marijuana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.