Pubdate: Thu, 30 May 2013
Source: Traverse City Record-Eagle (MI)
Copyright: 2013 The Traverse City Record-Eagle
Contact: http://www.record-eagle.com/opinion/local_story_128175513.html
Website: http://www.record-eagle.com/
Details: http://www.mapinc.org/media/1336
Author: Matt Troutman

MEDICAL POT DRIVER'S CHARGE DROPPED

TRAVERSE CITY -- Local authorities dropped criminal charges against a
Williamsburg man whose 2010 arrest spurred statewide changes for
medical marijuana patients who drive with the drug in their system.

Grand Traverse County Prosecutor Bob Cooney on Thursday formally
dismissed operating while intoxicated charges against Rodney Koon, 51,
following a Michigan Supreme Court decision this month. The court's
ruling effectively dismantled a state law that dictated a "zero
tolerance" approach to medical marijuana users like Koon.

"With the Supreme Court's decision, you have to prove the person is
under the influence," Cooney said.

Michigan's zero tolerance stance prompted former Grand Traverse County
Prosecutor Alan Schneider to charged Koon in 2010 with driving under
the influence. Koon was pulled over for speeding and told sheriff's
deputies he smoked marijuana about five hours beforehand.

That led to a three-year court battle that began when 13th Circuit
Court Judge Philip Rodgers ruled Koon's status as a card-carrying
medical marijuana patient gave him protection under Michigan's
voter-approved, 2008 medical marijuana act.

A state appellate court panel overturned Rodgers' decision before the
case headed to the state Supreme Court, whose members ruled medical
marijuana patients are protected as long as they don't drive "under
the influence."

Cooney could have pressed ahead with the charges but would have had to
prove beyond a reasonable doubt that Koon was driving under the influence.

"I have to believe there's a reasonable likelihood a jury will convict
under the new standard," Cooney said. "This is a case where the
evidence for driving under the influence was sparse, but there
obviously was the presence of THC."

Koon expressed relief when he heard charges had been
dropped.

"I feel that for once the judicial system played out their role in a
proper manner," he said. "I'm happy to see it, but it does take a
long, long time."

Cooney said the Supreme Court had a "tough call" and said he respected
the decision, but he voiced public safety concerns.

"I hope the decision prompts the Legislature to include some
definition of 'under the influence' under the (Michigan Medical
Marihuana Act) that will better protect the safety of the public while
respecting medical marijuana patients," he said.
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MAP posted-by: Matt