Press Release: Medical Marijuana Lawsuit Filed Against Department of Motor Vehicles
For Immediate Release: November 19, 2008
Medical marijuana lawsuit filed against Department of Motor Vehicles
Americans for Safe Access fights baseless revocation of patient's driver's license
Merced, CA -- A lawsuit was filed today by medical marijuana advocacy organization Americans for Safe Access (ASA) against the California Department of Motor Vehicles (DMV) on behalf of Rose Johnson, a 53-year-old patient from Atwater. Despite Ms. Johnson's clean driving record, not having caused an accident in 37 years of driving, the DMV revoked her license on July 26, 2008 because of her status as a medical marijuana patient. The DMV refused to renew Ms. Johnson's license only after obtaining her medical records and finding out that she was a qualified medical marijuana patient. According to the DMV, Ms. Johnson's license was revoked "because of...[an] addiction to, or habitual use of, [a] drug," thereby rendering her unable to safely operate a motor vehicle, even though no evidence existed to substantiate this claim.
"The DMV cannot simply disregard California's medical marijuana law," said ASA Chief Counsel Joe Elford, who is representing Ms. Johnson in her claim against the DMV. "When the voters of California enacted the Compassionate Use Act, they never intended to authorize the DMV to strip medical marijuana patients of their drivers' licenses," continued Elford. "The DMV should not be in the business of revoking the licenses of drivers like Ms. Johnson simply because she is a medical marijuana patient."
Advocates assert that the DMV policy of suspending and revoking the licenses of medical marijuana patients is widespread, occurring in at at least 8 California counties, including Alameda, Butte, Contra Costa, Glenn, Merced, Placer, Sacramento, and Sonoma. License revocations by the DMV, which have been based on a person's status as a medical marijuana patient, are often rationalized by calling the drivers "drug abusers" despite no evidence of the claim.
In 2007, Merced -- the county in which Ms. Johnson lives -- implemented a police policy that instructed its Sheriff deputies to respect state law and not to cite medical marijuana patients or seize their medicine. "The DMV is not under a different set of requirements than local police in California," said Elford. "The failure to uphold California's medical marijuana law is entirely inappropriate for any local or state agency."
The lawsuit filed today by ASA is expected to be heard in Merced Superior Court in the next few months. The lawsuit against the DMV is part of a campaign by ASA to fully implement California's medical marijuana laws.
Further information:
ASA's lawsuit against the DMV: http://AmericansForSafeAccess.org/downloads/DMV_Writ.pdf
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Comment posted by Anonymous on Wed, 11/26/2008 - 1:07amRecently, within the last 24 hours, i was pulled over by a CHP (California Highway Patrol) officer for the tags on my vehicle. After found to be current on my registration he began to focus on my status as a medical marijuana patient. When had I used, how much etc.. This to see if I am under the influence or not. 2.5 hours had passed since I had last used, this I told him. He then asked me to step out for a field sobriety test, one very similar to the given for drunk driving. Failing me due to a high pulse rate, he then took me to a clean facility (to which the trip was 45min plus), where i was then subjected to a more in-depth test including a breathalizer and walk the line test. To which he wasn't satisfied saying that at this point he finds that I am still impaired (mind you some 2 hours later), and proceeds to tell me that in order to confirm or deny that I was to submit either a blood or urine sample for testing. I chose urine. At this point he instructed me to call a ride, and then forced my ride to sign a custody agreement, and swear not to let me drive for at least 2 more hours. Fair?????????
How can this even happen?
Comment posted by Anonymous on Thu, 11/20/2008 - 12:38pmFirst of all, since medical records are supposed to be confidential and this woman hadnt given any reason to be suspect of a medical condition that would impare her driving, what was DMV doing in possesion of her medical records in the first place?
Secondly, why would DMV suspend or revoke your license for using what California law considers a viable medicine, Marijuana, but not suspend or revoke your license for having a perscription for other medications that are every bit as intoxicating as marijuana such as Percocet, Vallium, Morphine, Xanex, Methadone, Oxycontin and so forth? Even though these drugs are abused every bit as much as Marijuana and are PROVEN to be addictive where Marijuana is not?
And lastly, what right does DMV have to assume that a person will be intoxicated or under the influence of Marijuana while driving when there has been no evidence of that being the case while also assuming that those using other perscriptions, like the ones I mentioned above, are not being abused or used while driving a motor vehicle even though in most cases if you take those drugs listed above as per thier perscriptions you will be intoxicated or under thier influence 24 hours a day seven days a week?
I think ASA should have a fairly easy time with this case in court, but then again prohibitionists are pretty firmly entrenched in teh system so you never know.
Chad N.