This article was originally published on the Marijuana Patients Organization site on April 30, 2012.
Often we are asked by patients across Michigan the same question, can we drive with our medicine? This is important when leaving the dispensary, transporting live plants or when caregivers deliver patients the medicine.
There is current legislation (HB 4856 summarized below) that stands a chance of getting to Governor Snyders desk for a ready signature. The bill around driving with marijuana appears to be a common sense approach and gives us clarification around the issue, despite the double standard marijuana has over other medicine.
So what should we be doing now? Make certain that marijuana is in your trunk. When transporting marijuana it is important to never carry more than allowed by State law. This would mean that if yourself and another patient both are traveling, never carry more than your allowable 2.5 ounces. If you are a caregiver for 3 patients and your passenger has 3 patients then never transport more than 15 ounces of usable marijuana. 6 patients X 2.5 ounces = 15 ounces.
Also, always carry your card(s) or paperwork with you and make sure any passengers have theirs as well. It is suggested the marijuana be locked in the trunk of the vehicle. If you do not have a trunk, a container with locks placed in the back seat. The best situation would be a locked container stored in your trunk.
Never leave marijuana in your car unattended, a car is not a permananet locked and enclosed facility, it can be stolen very easily.
Use best judgement and be safe, HB 4856 seems to have a good chance of passing despite the fact that in Michigan no laws exist for the transportation of any other medicine like Oxycontin or Vicodin nor is it a crime to have an open beer or liquor bottle in the passenger seat. The double standard that we as patients face can be frustrating at times, however let us be respectful and follow whatever law the legislature deems appropriate.
House Bill 4856
The bill would add a new section to the Michigan Penal Code (MCL 750.474). Under the bill, a person could not transport or possess medical marihuana in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless it is one or more of the following:
- Enclosed in a case.
- Carried in the trunk of the vehicle.
- Inaccessible from the interior of the vehicle.
A person who violated the bill’s provision would be guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both. “Medical marihuana” would mean marihuana regulated under the Michigan Medical Marihuana Act (MCL 333.26421-333.26430).