WOMAN 'GUILTY' IN POT CASE

ESCANABA - A Gwinn woman, cited for driving while under the influence
of marijuana, was found guilty as charged Tuesday - even though she
had applied as a medical marijuana patient weeks before.

Brenda Ann Chase, 46, was found guilty by Judge Glenn Pearson during
a bench trial in Delta County District Court. The defense had waived
its right to a jury trial and opted for Pearson to make a judgment on
the matter.

Following testimony by three witnesses - a state trooper, a medical
lab technician, and a forensic scientist - the judge made his
decision based on the law and the facts presented.

According to the state's traffic code, a driver cannot operate a
vehicle with any amount of schedule I drug in his or her body.
Marijuana is a schedule I drug.

Chase's blood test results showed she had tetrahydrocannabinol (THC)
in her system at the time she was driving. THC is the active
ingredient in marijuana.

"The statutes for driving in Michigan...prohibit exactly what was
proven in this case," commented Pearson prior to his decision.

A driver operating a vehicle under the influence of drugs is the same
as someone driving with an illegal amount of alcohol in their system, he said.

"The court finds, beyond a reasonable doubt, that the defendant was
operating a motor vehicle...when she had (THC) in her system in
violation of the statute," Pearson concluded.

Assistant Prosecuting Attorney Mark Esqueda said in his closing
argument that evidence presented - including testimony and blood test
results - showed Chase was operating a motor vehicle with THC in her
system. Defense Attorney John M. Bergman said the medical marijuana
law defends his client's innocence because she had applied for a
medical marijuana card on Nov. 3. 2009, prior to her arrest. A
medical marijuana card allows patients who suffer specific
debilitating medical conditions to legally possess and use marijuana.

Chase, who remains free on bond, will be sentenced Jan. 24 on one
count of operating a motor vehicle while under the influence of
drugs. The misdemeanor carries a maximum punishment of 93 days in
jail and a $500 fine.

The day of her arrest, Chase was also cited for the following:
possession of analogues, second or subsequent offense; possession of
marijuana, second or subsequent offense; speeding; no proof of
insurance; and no operators license in her possession. These charges
were dismissed.