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Michigan Roadside Drug Testing Law

We have been saying it for sometime at our law firm, the number of drug driving cases is quickly catching up to the number of drunk driving cases. These drug driving cases come in all forms. From illegal drugs such as marijuana, to legally prescribed drugs, like pain medications and mood stabilizing drugs. Police departments around Michigan have been given more education and resources to detect these drivers and make arrests. On June 24, 2016, Governor Snyder approved a 5-county pilot program using a drug detection saliva test that will be used by Drug Recognition Experts to help determine if an individual is under the influence of drugs. The long term plan for the State is to find a reliable road side test for drugs similar to the PBT alcohol test used by police departments when making a drunk driving arrest.

So, what does this mean for the everyday marijuana user who does not possess a medical marijuana card. If you operate a motor vehicle police may soon have the ability to test you on the spot for the use of marijuana. This will result in more drug driving arrests and without the protection of a medical marijuana card a high probability of conviction in court. For medical marijuana card holders, they still will likely be arrested but have a chance to argue that whatever presence of marijuana that was in their system did not cause them to be under the influence or impaired their driving.

WMDT has been watching the development and expansion of Drug Recognition Experts and now this new law allowing for drug saliva tests. If you have questions or need our services do not hesitate to call us at 616-818-7272.

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