For years, we’ve received reports of medical marijuana patients having their driver’s licenses revoked simply for being patients.  In 2006, we filed a lawsuit against the DMV on behalf of Matt Vaughn to correct this.  The action resulted in the reinstatement of Vaughn’s license, but we did not get a policy change at that time.

Later, in 2008, we began receiving an alarming number of complaints from patients that licenses were being taken from them simply because they are patients.  This prompted us to file another lawsuit against the DMV, and this time we would insist on a formal written policy that would prevent from happening to patients in the future.

The case involves Rose Johnson, who is a 53-year-old woman who has not caused an accident in more than 37 years of driving.  Despite this, the DMV revoked her license because her "testimony establishes daily, ongoing marijuana use."  There was absolutely no evidenec that Ms. Johnson ever used marijuana before she drove of that her use of marijuana to treat pain associated with neck and back injuries in any way impaired her ability to drive.

The suit sought two things.  First, that Ms. Johnson get her license back, and, second, that the DMV implement a written policy instructing its hearing officers not to do this to patients in the future.  Ms. johnson got her license back on February 10, 2009, and on March 2, 2009, the DMV issued the following policy on Medical Marijuana:

The use of medicinal marijuana approved by a physician should be handled in the same manner as any other prescription medication which may affect safe driving. The hearing officer should inquire as to the frequency of use, time of use, and the relationship to driving as they would with the use of other prescribed medications.

As for the use of presciption medications, the manual states that such use "does not, in itself, constitute grounds for a license withdrawal action. There must be a link or connection to the individual’s ability to drive safely."  Thus, if this policy is followed, patients will not have their licenses revoked simply for being patients.

The DMV has tried to brush off this major victory for ASA by claiming that this was its policy all along.  We’ve got proof, however, that the written policy was the result of ASA’s lawsuit and, without it, DMV hearing officers were revoking licenses from patients.

This entry was posted on Wednesday, March 4th, 2009 at 2:08 pm and is filed under Medical Cannabis. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.