Marijuana case sparks protest

ESCANABA - Picketers lined up outside the Delta County Courthouse Friday afternoon, supporting a Gwinn woman, medically prescribed to use marijuana but recently charged with driving under the influence of the drug.

Brenda Chase, 45, was arrested earlier this month by Michigan State Police who initially pulled her over for speeding. During the stop, troopers allegedly found a large quantity of prescription drugs and marijuana in her possession.

Chase was originally charged with two felony counts of possession of analogues, one count of possession of marijuana, and one count of operating with the presence of THC (the chemical agent found in marijuana). She was lodged in Delta County Jail.

During her bond hearing in district court Friday, the two felony counts and possession count were dismissed after an investigation revealed the analogues had been prescribed to Chase, who carries paperwork indicating she has filed to receive a medical marijuana possession card.

Chase's attorney, John M. Bergman of Escanaba, said his client had several medical appointments and urged the court to allow her to operate a motor vehicle to seek medical attention.

"The court could consider imposing restrictions such as not partake prior to operating a motor vehicle," said Bergman.

The attorney also requested Chase's bond be reduced to a personal recognizance bond because the charge of operating under the influence of drugs is considered a misdemeanor.

Delta County Assistant Prosecuting Attorney James Soderberg said, under current Michigan law, it is illegal for a person to operate any motor vehicle with THC or THC metabolized in their blood system.

"This is an issue which the legislature will have to address, following the passage of the referendum legalizing medical marijuana," said Soderberg.

Following statements from Soderberg and Bergman, Judge Glenn Pearson said he was not willing to modify the conditions of Chase's bond because someone might consider his ruling as permission to violate the state statute for driving a motor vehicle under the influence of drugs, in this case THC.

Pearson did, however, reduce Chase's bond by 50 percent, allowing for half to be returned to her.

Following the court proceeding, Chase told the Daily Press she was going to work with the Upper Peninsula Chapter of the National Organization for the Reform of Marijuana Laws (NORMAL) regarding her case and would fight the charge.

"It's not right, the judge should have been better prepared than he was for this hearing," said Chase.

She also said she would not accept a plea bargain because anyone who has ever been prescribed a narcotic knows the warning label indicates the use of caution "when operating" a motor vehicle or machinery.

"Medical marijuana should be treated in the same manner, it does not have the same affect on people as alcohol. It does not impair a person's judgement or ability to drive," said Chase.

Soderberg commented after the hearing, that Pearson had issued a ruling which did not contradict state law.

"Under the current law, it is illegal to operate a motor vehicle with any, even if it is metabolized, any amount of THC in your system," he said.

Soderberg added, when the legislature passed legislation following the approval of the referendum, there was no regard paid to the statute for operating a motor vehicle while under the influence of drugs.

"It takes time for the body to metabolize THC, with the byproduct being a metabolite which the body flushes from itself. The legislature treats it the same as if it was still present in the body," explained Soderberg. "Even a miniscule amount of THC is a violation of state law."

The protesters outside the courthouse Friday, who sided with Chase, said they were concerned the arrest was a move targeting them for suspension of their driving privileges because they had legal medical authority to use marijuana.

Alfred Baker, Marquette, said, "Anyone who has a medical marijuana card now has a target painted on them. They can be pulled over for any reason, and even if they haven't used any marijuana say within 30 days or longer, there may still be traces of THC in their system."

Baker also said the court case places a stigma on those who have the cards. In Delta County, at least, there appears to be a gray area and the trooper, judge and prosecutor's office could have made a judgement call but didn't, he added.

"These are people with severe or in some cases terminal illnesses, and if it was any other medication prescribed, these patients would not be treated in the same manner. It truly is a double standard," said Baker.

No court date has been set as of Friday.

---

Dionna Harris, (906) 786-2021, ext. 141, dharris@dailypress.net