People v. Koon
832 N.W.2d 724
Mich.2013Background
- Koon stopped for speeding; he stated he was an MMMA-registered patient and had smoked marijuana 5–6 hours earlier; a blood test showed THC in his system while driving.
- The complaint charged operating a vehicle with any amount of a schedule 1 substance in the body under MCL 257.625(8).
- The district and Grand Traverse Circuit Court ruled that MMMA immunity protected medical use unless the user was actually impaired.
- The Court of Appeals reversed, holding MMMA did not permit driving when any amount of marijuana is present, effectively placing MMMA under the zero-tolerance statute.
- The Michigan Supreme Court held MMMA fosters immunity for medical use up to 2.5 ounces of usable marijuana and internal possession, but driving while under the influence remains outside MMMA protection; zero-tolerance does not apply to medical use; case remanded for proceedings consistent with this ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does MMMA immunize a registered patient from driving charges despite any marijuana in the system? | Koon argues MMMA immunizes medical use and internal possession, superseding zero-tolerance | People argues MMMA does not shield driving with any marijuana presence | MMMA supersedes zero-tolerance unless the patient is under the influence; immunity applies for internal possession up to 2.5 ounces |
| What is required to prove “under the influence” under MMMA and Vehicle Code? | Koon contends MMMA does not define “under the influence” and protection should apply | People contends driving under influence is not protected by MMMA | MMMA does not define “under the influence”; something more than presence is required; if under influence, immunity may not apply |
| Does MMMA conflict with MCL 257.625(8) and thus supersede it? | Koon asserts MMMA immunities nullify 257.625(8) | People maintains 257.625(8) remains applicable | MMMA is inconsistent with and supersedes 257.625(8) unless immunity lost by noncompliance with MMMA |
Key Cases Cited
- People v Koon, 296 Mich App 223 (2012) (MMMA versus Vehicle Code conflict; immunity analysis under MMMA)
- Kolanek, 491 Mich 382 (2012) (MMMA conflict with various statutes; interpretation guidance)
- McQueen, 493 Mich 135 (2013) (MMMA interpretation and conflicts with other statutes)
- People ex rel Drake v Mahaney, 13 Mich 481 (1865) (act complete in itself exception to Const 1963, art 4, §25 (analogous doctrine cited))
- In re Constitutionality of 1972 PA 294, 389 Mich 441 (1973) (constitutional analysis of acts complete in themselves)