MARIJUANA CASE SPARKS PROTEST

Medical Marijauna Issue Surfaces

ESCANABA - Picketers lined up outside the Delta County Courthouse
Friday afternoon, supporting a Gwinn woman, medically prescribed to
use marijuana but recently charged with driving under the influence
of the drug.

Brenda Chase, 45, was arrested earlier this month by Michigan State
Police who initially pulled her over for speeding. During the stop,
troopers allegedly found a large quantity of prescription drugs and
marijuana in her possession.

Chase was originally charged with two felony counts of possession of
analogues, one count of possession of marijuana, and one count of
operating with the presence of THC (the chemical agent found in
marijuana). She was lodged in Delta County Jail.

During her bond hearing in district court Friday, the two felony
counts and possession count were dismissed after an investigation
revealed the analogues had been prescribed to Chase, who carries
paperwork indicating she has filed to receive a medical marijuana
possession card.

Chase's attorney, John M. Bergman of Escanaba, said his client had
several medical appointments and urged the court to allow her to
operate a motor vehicle to seek medical attention.

"The court could consider imposing restrictions such as not partake
prior to operating a motor vehicle," said Bergman.

The attorney also requested Chase's bond be reduced to a personal
recognizance bond because the charge of operating under the influence
of drugs is considered a misdemeanor.

Delta County Assistant Prosecuting Attorney James Soderberg said,
under current Michigan law, it is illegal for a person to operate any
motor vehicle with THC or THC metabolized in their blood system.

"This is an issue which the legislature will have to address,
following the passage of the referendum legalizing medical
marijuana," said Soderberg.

Following statements from Soderberg and Bergman, Judge Glenn Pearson
said he was not willing to modify the conditions of Chase's bond
because someone might consider his ruling as permission to violate
the state statute for driving a motor vehicle under the influence of
drugs, in this case THC.

Pearson did, however, reduce Chase's bond by 50 percent, allowing for
half to be returned to her.

Following the court proceeding, Chase told the Daily Press she was
going to work with the Upper Peninsula Chapter of the National
Organization for the Reform of Marijuana Laws (NORMAL) regarding her
case and would fight the charge.

"It's not right, the judge should have been better prepared than he
was for this hearing," said Chase.

She also said she would not accept a plea bargain because anyone who
has ever been prescribed a narcotic knows the warning label indicates
the use of caution "when operating" a motor vehicle or machinery.

"Medical marijuana should be treated in the same manner, it does not
have the same affect on people as alcohol. It does not impair a
person's judgement or ability to drive," said Chase.

Soderberg commented after the hearing, that Pearson had issued a
ruling which did not contradict state law.

"Under the current law, it is illegal to operate a motor vehicle with
any, even if it is metabolized, any amount of THC in your system," he said.

Soderberg added, when the legislature passed legislation following
the approval of the referendum, there was no regard paid to the
statute for operating a motor vehicle while under the influence of drugs.

"It takes time for the body to metabolize THC, with the byproduct
being a metabolite which the body flushes from itself. The
legislature treats it the same as if it was still present in the
body," explained Soderberg. "Even a miniscule amount of THC is a
violation of state law."

The protesters outside the courthouse Friday, who sided with Chase,
said they were concerned the arrest was a move targeting them for
suspension of their driving privileges because they had legal medical
authority to use marijuana.

Alfred Baker, Marquette, said, "Anyone who has a medical marijuana
card now has a target painted on them. They can be pulled over for
any reason, and even if they haven't used any marijuana say within 30
days or longer, there may still be traces of THC in their system."

Baker also said the court case places a stigma on those who have the
cards. In Delta County, at least, there appears to be a gray area and
the trooper, judge and prosecutor's office could have made a
judgement call but didn't, he added.

"These are people with severe or in some cases terminal illnesses,
and if it was any other medication prescribed, these patients would
not be treated in the same manner. It truly is a double standard," said Baker.

No court date has been set as of Friday.