CBD Is Legal In Michigan!

A new law will keep CBD oil from being regulated under Michigan’s Medical Marijuana Laws.

If residents of Michigan don’t already know, the recreational use of marijuana was legalized a few months ago! While there still some kinks to work out in the law, The Michigan Law Firm, PC’s blog discussed these new Michigan recreational marijuana laws.

With the interest in marijuana growing every day, many consumers are becoming more curious about what is and isn’t marijuana and the various forms it comes in. These include cannabidiol (CBD) and tetrahydrocannabinol (THC), two natural compounds found in plants for the Cannabis genus. CBD is found in extractions from the hemp plant and is non-intoxicating while THC is the psychoactive compound that gives users the high sensation.

On December 28, 2018, Public Act 642, which clarifies that CBD oil and other products extracted from hemp fall under the scope of industrial hemp, not marijuana, was passed into law. Rep. Steven Johnson who sponsored the legislation stated, “CBD oil derived from hemp doesn’t get you high...It contains no more than 0.3 percent Tetrahydrocannabinol (THC). But the Michigan Department of Licensing and Regulatory Affairs decided last summer to start classifying it the same way they do marijuana, which contains 5 to 35 percent THC.”

The Detroit Free Press informs readers that in a few weeks, effective March 28, 2019, CBD oils will be able to be used by Michiganders recreationally and buyers will not require a medical marijuana card! Now that they can buy it, people may be wondering what they can do with CBD. Well, CBD has recently found its way into many products such as pills, creams, oils, edibles, and even drinks. CBD oils are also commonly used by individuals for health benefits and pain relief. According to Medical News Today, “people take or apply CBD to treat a variety of symptoms,” including, reducing inflammation, preventing acne, and as an antidepressant. Ale Mary’s in Royal Oak, Michigan even served a CBD drink on the menu last month.

However, just because CBD doesn’t cause people to get high, doesn’t mean it can’t harm people in other ways. Major health agencies like the U.S. Food and Drug Administration (FDA), have stated that additional CBD testing and research is necessary. CBD might counteract or negatively react to certain medications or some people might just be allergic to it! A study conducted by the National Library of Medicine National Institute of Health (NCBI) published a study detailing the side effects of CBD oils. Some of these side effects include tiredness, diarrhea, and changes in appetite, and weight. Another study published by NCBI states that, “Without independent testing (e.g. USP certification) of CBD products for content and purity, as well as bioavailability testing of specific products, uncertainty surrounds the use of available CBD products in routine clinical settings.”

So, people should talk to their doctor or do some research before ordering that CBD drink on the bar menu or buying the CBD lotion on display at Sephora!

Medical or Not, Marijuana May Impair Drivers

In Michigan, more than half of medical marijuana users have admitted to having driven under the influence of marijuana within two hours of using it.

This information was found in a study conducted by the University of Michigan Addiction Center and published in the Drug & Alcohol Dependence Journal. Researchers noted that roughly 270,000 people have state approval to use medical marijuana for pain, nausea, epilepsy, Alzheimer's disease, and for other medical reasons in the State of Michigan. 790 medical cannabis users in Michigan were surveyed and it was found that 56% reported driving within two hours of using cannabis and 51% reported driving while, "a little high" and 21% reported driving while, "very high." 1 in 5 individuals even admitted that they have operated a vehicle while being under the influence of marijuana once in the past six months.

Why is driving under the influence of marijuana a bad thing? After all, it’s prescribed by doctors for suffering patients! Well, according to the Highway Loss Data Institute (HLDI), “marijuana dulls the perceptual and cognitive abilities required for safely operating a motor vehicle.” Also, according to the Center for Disease and Control and Prevention (CDC), “driving while impaired by any substance, including marijuana, is dangerous. Marijuana, like alcohol, negatively affects a number of skills required for safe driving.”

In July 2018, WWMT Kalamazoo reported that 2 newlywed Michiganders were killed in a car crash when a driver sped through a stop sign and crashed into their vehicle, pushing into another lane, causing them to be struck by a third vehicle. 2 of the 3 occupants of the vehicle involved in the car accident had medical marijuana prescriptions. This doesn’t mean that the at-fault driver was under the influence of marijuana but, “Investigators said the medical marijuana cards found at the scene of the crash complicate their case and the charges the at-fault driver will face.” Allegan County Sheriff Capt. Chris Kuhn, believes investigations can become very puzzling for law enforcement and the establishment of testing procedures or blood levels to suspect the impairment of a driver. “Even with a medical marijuana card, it is illegal to drive with active levels of the psychoactive chemical found in marijuana in your system, but there is no legal limit to say what’s considered, high,” Kuhn said.

No tests currently exist for law enforcement to measure marijuana impairment of drivers, so field sobriety tests have been adapted from their use in detecting alcohol-impaired drivers. Research conducted in the HLDI study suggests however that field sobriety tests designed to assess alcohol-impaired drivers are only moderately successful at detecting impairment from marijuana.. The study also suggests that, “this ineffective enforcement may encourage drivers to engage in driving under the influence of marijuana, because they think they can get away with it.”

While the presence of marijuana initially complicated the investigation of the fatal newlyweds car crash, toxicology reports later uncovered that the at-fault driver had both alcohol and marijuana in his system while operating his vehicle.

Over 50% of Michigan drivers have been driving while under the influence of prescribed medical marijuana, according to the University of Michigan Addiction Center. Although the causal link between marijuana use and car crash risk remains unproven, the consistent pattern of findings in the CDC’s research suggests that car crash rates do increase when drivers use marijuana. Driving in Michigan is dangerous enough with all the potholes and poor road conditions causing car accidents, so adding drugs into the driving mix makes car crashes even more likely to occur. Just as people know they shouldn’t drink and drive, they should know not to smoke and drive, even if they’re using marijuana for medical purposes.

Medical marijuana has been prescribed to over 270,000 individuals in the State of Michigan, and now, as of January 2019, Michigan has become the first state in the Midwest to legalize marijuana for recreational use for individuals 21 and older. While many citizens are overjoyed at this new legislation, the legalization of marijuana may lead to more impaired drivers and more car crashes. The Michigan Law Firm, PC, helps victims who have been injured in a medical marijuana car crashes, and help to identify and receive any compensation they may be entitled to under Michigan law. Contact us at 844.4MI.FIRM for a free legal consultation regarding your car crash.

(Legally) Get High But Don't Drive

On November 8, 2018, Michiganders made some sweeping changes in the Great Lakes state when they went out to the polling stations. Democrat Gretchen Whitmer was elected Governor, hourly minimum wage was increased from $10 in 2019 to $12 in 2022, and legislative district lines will be re-drawn! Also, an awesome number of women were elected to the US Senate, US House, Michigan Supreme Court, Michigan House of Representatives, and for the first time in Michigan history, all of the top Michigan offices of Governor, Secretary of State, and Attorney General!

Perhaps the most controversial and astonishing result of this election was the victory of Proposal 1, the legalization of marijuana, with a 56% - 44% margin! As such, Michigan became the first state in the Midwest to legalize marijuana. But before people start to search Google Maps for the nearest hydroponic shop or post pictures of themselves lighting up on Facebook or Instagram, they should know that it may be a few years until they can commercially grow or purchase marijuana. While smoking marijuana is now legal, residents likely won’t be able to legally buy recreational marijuana until early 2020.

It should be clarified however, that Michigan legalized medical marijuana in 2008, so the proposal that just passed governs, “the personal possession and use of marijuana by persons 21 years of age or older.” So, what does adult recreational use of marijuana entail? Well, The Detroit Free Press discusses the new Michigan recreational marijuana laws.

Michigan’s Recreational Marijuana Laws

  • Allow individuals age 21 and older to purchase, possess and use marijuana and marijuana-infused edibles and grow up to 12 marijuana plants for personal consumption.

  • Impose a 10-ounce limit for marijuana kept at residences and require that amounts over 2.5 ounces be secured in locked containers.

  • Create a state licensing system for marijuana businesses, including growers, processors, transporters and retailers.

  • Allow municipalities to ban or restrict marijuana businesses.

  • Permit commercial sales of marijuana and marijuana-infused edibles through state-licensed retailers, subject to a new 10-percent tax earmarked for schools, road and municipalities where marijuana businesses are located.

While many are celebrating this new legislation, Michigan becoming the 10th state to legalize recreational marijuana may have negative consequences. Marijuana legalization may result in increased crime, abuse of the substance, and even more car accidents. A study conducted by the Highway Loss Data Institute (HLDI) found that legal recreational marijuana sales in Colorado, Washington, and Oregon, which have legalized recreational marijuana, were associated with a 6% increase in collision claims compared with 5 neighboring states that did not legalize the drug. According to the study, “marijuana dulls the perceptual and cognitive abilities required for safely operating a motor vehicle.” Also, “results from simulator studies suggest that consuming marijuana increases lane weaving behavior and interferes with drivers’ ability to maintain a constant headway.”

Michigan has already been seeing some marijuana car crashes. On January 20, 2019, a driver under the influence of marijuana crashed into a parked Michigan State Police trooper who was responding to an accident on I-75. According to a local report, the 26-year-old man was arrested for driving under the influence of marijuana and was taken to the hospital for a blood test. The driver admitted to driving under the influence of marijuana and was issued a DWI.

With new laws come new responsibilities. Michigan drivers should know that the legalization of recreational marijuana doesn’t mean they can get high and drive. Most people know better than to drive under the influence of alcohol, so since marijuana is a psychoactive drug, they should know better than to drive under the influence of marijuana. Driving while impaired under the influence of any drug can cause car accidents! In fact, other states that have legalized marijuana have seen an increase in the number of marijuana car accidents, so there may be an increase in Michigan marijuana car accidents soon. And instead of calling a lawyer to get them off of a drug charge, Michigan marijuana smokers may soon be seeking marijuana car crash legal representation.

People typically don’t call attorneys for good reasons. Being hit by a driver under the influence of marijuana, or worse, being the impaired driver who causes a car accident, is a terrible circumstance in which to call a lawyer. The Michigan Law Firm, PC recognizes that calling a lawyer and dealing with a marijuana car accident case can be a tough process. Our attorneys are experienced in dealing with all types of car crash cases and help clients make the legal process as easy as possible. For a free legal consultation with a Michigan marijuana lawyer, call us at 844.4MI.Firm.