Levine & Levine’s Sarissa Montague discusses setting THC limits for Michigan drivers on Fox 17

KALAMAZOO, MICH. – April 12, 2019In 2016, the Impaired Driving Safety  Commission, along with Michigan State Police, looked into marijuana use and driving specifically to see if there’s a set limit that leads to impairment similar to the limit set in alcohol.

     Fox 17 caught up with Levine & Levine criminal law attorney Sarissa Montague to discuss the findings of the commission’s 20-page report.

     “Marijuana is a difficult substance,” Montague told Fox 17. “What the commission found is that there is not a direct correlation between the amount of THC that somebody has in their system and their ability to drive.”

     Montague, who’s also an expert in marijuana law, commended the commission for looking into the information available and making a determination based on science to ultimately conclude that there is not a limit that applies to everyone.

     “They didn’t simply rubberstamp what other states have done,” Montague said.

     In other states, police departments are turning to Drug Recognition Enforcement Officers, or DREs, who undergo training to determine whether or not a motorist is on drugs and what types of drugs are in his’ or her’s body. In some cases, it’s led the wrongful arrests.

     “The signs of marijuana use are different from the signs of alcohol use and we need to be very careful about figuring out what somebody operating under the influence of marijuana is going to do and how they’re going to react and how they’re going to drive,” Montague said. “Otherwise, you wind up having people arrested and charged with crimes that they really haven’t done.”

     The commission report concluded that right now in Michigan it’s best to take each arrest and incident on a case-by-cases basis.

     Montague agreed.

     “The question has to become is this particular person impaired and what are the signs of impairment such that law enforcement can do their job which is to keep our roads safe,” Montague said. “That’s what has to be figured out at this point and I believe it’s still a work in progress.”

     Read the full Fox 17 story, here. 



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Levine & Levine is renowned in the legal community throughout Michigan and beyond, for offering compassionate, professional and thoughtful representation in addition to experienced and aggressive advocacy. Since 1987, the firm has provided highly effective representation to individuals and businesses. Levine & Levine specializes in criminal defense, family law, business law, appeals, and estate planning.

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