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Marijuana, THC and Drugged Driving in Michigan.
As more states enact medical and recreational marijuana laws, the new marijuana laws directly conflict with long-enshrined, strict Zero Tolerance prohibitions on driving under the influence of any Schedule 1 drug, which includes cannabis, more commonly known as marijuana.
It is important to note that ALL STATES prohibit driving a motor vehicle if your ability to operate a vehicle safely is compromised or impaired. If you are impaired by any substance, you are not allowed to drive, whether you are impaired by prescription drugs, alcohol, cocaine, marijuana, water, vitamins, etc. The important difference between drunk driving and drugged driving, is that with alcohol there is a federally mandated .08 blood alcohol content (BAC) limit. Contrary to public perception, it is not illegal to drink and drive so long as your ability to operate the car safely is not impaired AND you are not over the presumed drunk driving legal limit of .08.
In cases involving low alcohol readings under .08 or someone who is impaired by prescription drugs, the prosecuting attorney must prove impairment of the driver beyond a reasonable doubt. Impairment can be shown by evidence the driver was weaving, driving over the fog line, erratic driving, failure to use headlights, speeding, and failure on the roadside sobriety tests. A jury would deliberate and have to decide whether the state or local prosecutor had proved impairment beyond a reasonable doubt.
Recreational Marijuana and Driving with Active THC
The Michigan Regulation and Taxation of Marijuana Act provides relief. The recreational marijuana law allows a driver (age 21 or older) to operate a car so long as they do not do so "under the influence" of marijuana.