Posted on October 18th, 2023

Introduction

Michigan has been a pioneer in recognizing the potential benefits of medical marijuana, and its Medical Marijuana Program has been in place for several years. While many people are familiar with the therapeutic advantages of medical marijuana, not everyone is aware of the added legal protection it can provide, especially in cases of operating while intoxicated (OWI). In this article, we will explore the benefits of having a medical marijuana card in Michigan when dealing with an OWI case.

Legal Protection

One of the primary benefits of having a medical marijuana card in Michigan is the legal protection it affords you. While recreational marijuana use is legal in the state, operating a vehicle under the influence of any controlled substance, including marijuana, is still a criminal offense. However, with a valid medical marijuana card, you may have a stronger legal defense. Presumption of Legality Possessing a medical marijuana card creates a presumption of legality in the eyes of the law. When pulled over for suspected OWI, presenting your medical marijuana card can demonstrate to law enforcement that your use of marijuana is medically authorized and not recreational. This can significantly impact how you are treated during the traffic stop and subsequent legal proceedings.

Reduced Penalties

In an OWI case, having a medical marijuana card may lead to reduced penalties if the court recognizes that you were using marijuana for legitimate medical purposes. While it does not exempt you from potential legal consequences, it can persuade the judge to consider a lighter sentence or diversion programs, such as drug rehabilitation, rather than jail time.

Expert Testimony

When you possess a medical marijuana card, you can also call upon medical experts to testify on your behalf. These experts can help clarify the therapeutic purpose of your marijuana use and provide insight into the dosage and frequency recommended by your medical professional. Their testimony can support your claim that you were using marijuana responsibly and within the boundaries of your medical condition. 

Documentation

Medical marijuana cards provide a paper trail that confirms the legality of your marijuana use. This documentation can be crucial during legal proceedings. It shows that you have followed the necessary steps to use medical marijuana legally, such as obtaining a doctor's recommendation and registering with the state.

Enhanced Credibility

Having a medical marijuana card can enhance your credibility in court. It demonstrates that you are a responsible patient who abides by the law, further strengthening your defense in OWI cases. Judges and juries are more likely to view your situation sympathetically when they understand that you are using marijuana for a legitimate medical condition.

Education and Awareness

Another important benefit of having a medical marijuana card in Michigan is the education and awareness it provides. Patients with valid cards are generally more informed about the legal boundaries and responsible use of marijuana. This knowledge can help prevent unintentional OWI violations and potentially save lives.

Conclusion

While having a medical marijuana card in Michigan does not grant you immunity from legal consequences in OWI cases, it can be a valuable asset when navigating the legal system. By providing a presumption of legality, reducing penalties, and offering expert testimony, a medical marijuana card can significantly impact the outcome of your case. Moreover, it fosters awareness about responsible marijuana use and helps protect the rights of patients who rely on medical marijuana for their well-being. If you are considering obtaining a medical marijuana card in Michigan, consult with a qualified medical professional and understand the state's regulations to ensure you receive all the benefits and legal protections available to you.