WOMAN'S LICENSE REVOKED FOR MEDICAL MARIJUANA USE; DMV ORDERED TO PAY $69,400

A Merced County Superior Court judge has ordered the California
Department of Motor Vehicles to pay $69,400 in attorney fees in the
case of an Atwater woman who had her license revoked for being a
medical marijuana user.

Judge Brian McCabe ordered the DMV on Thursday to pay attorney fees
to Americans for Safe Access, a national medical marijuana advocacy
organization. The group filed a lawsuit on behalf of Rose Johnson, a
54-year-old medical marijuana user who had her licence revoked in June 2008.

Johnson's problems with the DMV began in April last year, when she
went to renew her license.

Johnson uses marijuana at night to help her sleep because she has
back and neck injuries that began after she was rear-ended in 1990,
according to the civil complaint.

She moved slowly because of her injuries, which caused a DMV clerk
to have the department re-examine her eligibility for a license,
according to court documents. As requested, she gave the department
a list of medications she was regularly using.

The department held a hearing on June 2 last year and revoked
Johnson's license after determining her nighttime use of pot meant
that she couldn't safely drive a car.

Still, after the lawsuit was filed and Johnson took a driving test,
the DMV reinstated her license in January.

In making his decision, McCabe determined that two administrative
officers with the DMV revoked Johnson's license, even though an
internal 2001 policy stated that medical marijuana is "to be treated
by the DMV like any other prescription drug," according to court documents.

In February, the DMV also made a formal policy, notifying the public
that the agency will treat medical marijuana like any other prescription drug.

In his decision, McCabe stated that Johnson's license was
"exclusively (1st Administrative Officer) and partially (2nd
Administrative Officer) revoked because of her medical marijuana
use. Irrespective, the record is clear that both Administrative
Officers were operating under the inaccurate and mistaken belief
that medical marijuana use was illegal."

McCabe also determined that Johnson was "the catalyst in
effectuating change in both the DMV's formal, public policy on the
subject and the agency's adherence to the policy."

Johnson said she was pleased with the court's decision. "I feel very
happy about it. I can drive again and go pick up my mother and
sister, who are both disabled, and take them different places,"
Johnson said. "It has just freed me from a bondage that you wouldn't believe."

Joseph Elford, attorney for Americans for Safe Access, said the
ramifications of the court's decision extend far beyond Johnson's
case. "We had had other reports of medical marijuana patients losing
their driving licenses simply for being patients," Elford said.
"We're very glad that we could force the DMV to change its policy so
that it doesn't happen to other medical marijuana patients in the future."

Tamara Morgan, the attorney who appeared on behalf of the DMV in the
case, was not available for comment Tuesday. "We are reviewing the
opinion and considering our options," said Christine Gasparac,
spokeswoman for the state Attorney General's Office.

California voters approved Proposition 215 in 1996, which exempts
patients and defined caregivers who possess or cultivate marijuana
for medical treatment recommended by a physician from criminal laws
which otherwise prohibit possession or cultivation of marijuana.

The law remains controversial because medical marijuana remains
illegal under federal law. Elford said federal law had no bearing in
his client's case. "The California DMV is governed by state law, so
that was not even an issue," Elford said. "If they do appeal it,
we'll get attorneys fees for having to fight that appeal."

Advocates with Americans for Safe Access estimated the DMV suspended
the license of medical marijuana patients in at least eight
California counties, including Alameda, Butte, Contra Costa, Glenn,
Merced, Placer and Sonoma.

Americans for Safe Access brought a similar case a few years ago for
Matthew Vaughn, whose license was revoked after he was arrested by
the California Highway Patrol.

The DMV had revoked his license in 2005, but decided to reinstate it
in June 2006 before the case went to trial.