Attorney Says Supreme Court Ruling Could Help Change Marijuana L - WLNS TV 6 Lansing - Jackson | Your Local News Leader

Attorney Says Supreme Court Ruling Could Help Change Marijuana Law

A supreme court ruling may pave the way for changing Michigan law for medical marijuana card holders, caught driving under the influence.

Tuesday the state's highest court ruled that police must prove drivers were under the influence of marijuana for charges to stick.

As our Nick Perreault explains for some it's a change that only seems fair.

Michigan State police sergeant Pete Smith says it's not always clear from behind the wheel to tell if someone is under the influence of marijuana.

"Your looking for the people who aren't staying in their lane, they're crossing lines, changing lanes without signaling," Sgt. Smith said.

The symptoms may be similar to that of a drunk driver, but the penalties are more severe.

 "The law states that any presence of marijuana in your blood is a violation, " Sgt.  Smith said.

But that could change for medical marijuana card holders.

A supreme court decision Tuesday ruled police must prove that a driver was under the influence at the time for charges to stick.

"Any amount scientifically is impossible to measure," said Attorney Michael Nichols.

It's a change that attorney Michael Nichols says only seems fair.

"The THC test is much more complicated and there is much more variation, opportunity for mistake," Nichols said.

Mistakes Nichols says could be avoided, if a limit for marijuana was set for drivers, similar to a breathalyzer test.

"Hopefully this will start the discussion about what's appropriate for somebody who has THC in their system when they're driving," Nichols said.

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