Rockind and Daniels convince Judge that Driving with Presence of Marijuana in System is repealed by the Medical Marijuana Act

Judge Rules MCL 257.625(8) Repealed By Implication

The charge of operating with the presence of any schedule 1 drug in a person’s system is a troubling one. We lawyers have been bothered by it since its inception. The charge does not require proof of impairment. We have fought the rational basis of this offense for years.

In an “operating with the presence of any controlled substance” case, Neil Rockind and Colin Daniels convinced the Hon. Kirsten Nielson-Hartig that the “operating with the presence of any controlled substance” statute was repealed by implication in cases involving medical marijuana patients.  In other words, the judge ruled that there was a problem with the statute. The argument that Rockind raised: a motion to dismiss the charge based on Equal Protection grounds, arguing that that 2 classes of citizens were created by passage of the MMMA, one who could drive with marijuana in their system and one who cannot. Oakland County chose not to brief the equal protection argument instead arguing that the statute was not repealed by implication. Proving her fairness, the Judge agreed to give the prosecutors more time. They have been given another 3 weeks to brief the equal protection argument.

Neil Rockind is a criminal defense lawyer in Southfield, Michigan. He has been awarded Super Lawyer honors, Top Lawyer honors and was named the Best in Detroit in a readers poll. To learn more about the case, give our office a call at 248.208.3800.

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