ATTORNEY GENERAL BILL SCHUETTE SAYS MICHIGAN MEDICAL MARIJUANA LAW NO
DEFENSE FOR DRIVERS

GRAND RAPIDS - The medical marijuana crowd, already upset that state
Attorney General Bill Schuette won't fight a federal subpoena for
medical marijuana records, isn't going to like his latest legal action.

An opponent of medical marijuana, Schuette is backing the Grand
Traverse County prosecutor's effort to convict a medical marijuana
user of impaired driving. Schuette said the law provides limited
protection to legal users, but does not provide protection to those
driving with marijuana in their systems.

"Michigan law makes clear that driving with drugs in your system is
illegal," Schuette said. "Allowing anyone to do so puts the lives of
our families and friends unnecessarily in jeopardy."

Schuette filed a brief in support of Prosecutor Alan Schneider who
charged Rodney Koon with driving under the influence. A county circuit
judge upheld a district judge's ruling that jury instructions at
Koon's trial would not say that any presence of marijuana in Koon's
system was sufficient for conviction.

The prosecutor also disputed judges' rulings that, under the medical
marijuana law, the prosecution must prove the driver was under the
influence of marijuana. State law says any amount of marijuana in a
driver's system is illegal.

Koon was stopped for speeding on Feb. 3, 2010. After police found a
pipe in his pocket, he showed police his state certificate, the
Traverse City Record-Eagle reported.

The Record-Eagle said Koon said he smoked marijuana six hours before
he was stopped. He has several ailments, including herniated discs, a
pinched nerve in his neck and rheumatoid arthritis, the newspaper said.

The county prosecutor is appealing the case to the state Court of
Appeals.

Schuette was a vocal opponent of medical marijuana, which had support
of 63 percent of voters in 2008.

He has taken shots from medical-marijuana supporters for his stance in
a case in which the federal government is seeking state medical
marijuana records as part of an investigation the Lansing area.
Schuette said he would turn over the records with a judge's order.

It prompted Traverse City attorney Jesse Williams, representing
Michigan Association of Compassion Clubs and unnamed patients, to take
up the fight. He said the records are supposed to be confidential
under the medical marijuana law.

He said in court papers that Schuette "has a clear and unambiguous
conflict of interest" based on his opposition to medical marijuana.

That case is pending before a U.S. District Court magistrate judge.