DdC

"If a juror feels that the statute (law) in any criminal offence is unfair, or that it infringes upon the defendant's natural God-given unalienable or Constitutional rights, then it is his duty to affirm that the offending statute is really no law at all and that the violation of it is no crime at all - for no one is bound to obey an unjust law"
-- Chief Justice Harlan F. Stone

KCRA 3 News: Medical Pot Group Sues DMV
November 19, 2008 MERCED, Calif.

Patient's License Revoked

A medical marijuana advocacy group has filed a lawsuit against the Department of Motor Vehicles for revoking the driver's license of a woman because of her status as a medical pot patient. Americans for Safe Access sued the department on behalf of 53-year-old Rose Johnson. Her attorneys said she has had a clean driving record for 37 years.

The suit claims the DMV refused to renew her license in July because of her status as a medical marijuana patient. Attorney Joe Elford said the DMV can't "simply disregard" the state's medical marijuana law. His group asserts that similar situations have occurred in at least eight counties. The lawsuit was filed Wednesday in Merced Superior Court. A message left at the DMV wasn't immediately returned.

The Merced DMV must be getting reefer mad lonely and
needs your calls and post cards to clear the ignorance.
1313 W. 12th Street n
Merced, CA 95340 (800)777-0133

"As nightfall does not come at once, neither does oppression. In both instances, there's a twilight where everything remains seemingly unchanged, and it is in such twilight that we must be aware of change in the air, however slight, lest we become unwitting victims of the darkness."
-- Supreme Court Justice William O. Douglas



Group sues DMV for taking pot patient's license
Bob Egelko, Chronicle Staff Writer
Friday, November 21, 2008 MERCED

A Merced County woman with back and neck pain and a clean 37-year driving record is the latest California medical marijuana patient to have her driver's license yanked by the Department of Motor Vehicles, says an advocacy group that has sued on her behalf.

The voters who passed Proposition 215 in 1996, allowing Californians to use marijuana for medical purposes with their doctor's approval, "did not intend for the DMV to have authority to strip medical marijuana patients of their licenses," Joe Elford, a lawyer for Americans for Safe Access, said Thursday.

Elford filed suit Wednesday in Merced on behalf of Rose Johnson, 53, whose license was suspended in July. Although there was no evidence that Johnson had ever driven under the influence of marijuana, the suit said, the DMV told her she was unfit to drive because of "addiction to, or habitual use," of a drug.

Americans for Safe Access has received similar complaints from marijuana patients in seven other counties, including Alameda, Contra Costa and Sonoma, said spokesman Kris Hermes. He said the DMV appears to have "a practice or policy, whether written or unwritten, of scrutinizing medical marijuana patients' status and (in some cases) suspending or revoking licenses because of that status."



The advocacy group has represented patients in three of those cases and persuaded the DMV to reinstate the licenses, Elford said.

DMV spokeswoman Jan Mendoza said the department treats medical marijuana "like any prescription drug, anything that could possibly impair your driving."

If a law enforcement officer or someone else notifies the DMV that a driver takes such medication, Mendoza said, a state safety officer looks into the driver's medical condition, record and use of the drug and decides whether the person is fit to be behind the wheel. She said the department does not automatically revoke medical marijuana users' licenses.

Johnson, who lives in Atwater, was injured in 1990 when her car was rear-ended and uses marijuana to reduce her pain, Elford said. When she went to the local DMV office to renew her license in April, the lawyer said, a clerk saw her moving slowly because of her injuries and recommended that the department re-evaluate her license.

At two DMV hearings, Johnson testified that she used marijuana only before bedtime and never before driving, and a hearing officer observed that she had an excellent driving record, her suit said. It said the department nevertheless concluded she was unable to drive safely and suspended her license indefinitely.

The suit said the suspension violated both Prop. 215 and "the constitutional right to control the course of one's own medical treatment."

Johnson seeks a court order restoring her license and prohibiting the DMV from suspending licenses of medical marijuana patients "based solely on their status."

E-mail Bob Egelko at begelko@sfchronicle. com

"The only thing necessary for the triumph of evil
is for good people to do nothing."
-- Edmund Burke



Medical Pot User Sues DMV To Get License Back By Scott Jason
CN Source: Merced Sun-Star November 21, 2008 California

A 53-year-old Atwater woman will file a lawsuit against the DMV for revoking her license because she's a medical marijuana user. Her suit seeks to reinstate her license and also affirm that other residents can't lose the right to drive simply because they use medical marijuana, approved by California voters in 1996.

Rose Johnson uses marijuana at night to help her sleep because she has back and neck injuries that began after she was rear-ended in 1990, according to the civil complaint. continued...

Contact * Website * URL

THC's effects after doses up to 300 g/kg never exceeded alcohol's at BACs of 0.08 g% and were in no way unusual compared to many medicinal drugs (Robbe 1994). Yet THC's effects differ qualitatively from many other drugs, especially alcohol. Evidence from the present and previous studies strongly suggests that alcohol encourages risky driving whereas THC encourage greater caution, at least in experiments. Another way THC seems to differ qualitatively from many other drugs is that the former's users seem better able to compensate for its adverse effects while driving under the influence.
Hindrik W.J. Robbe
Institute for Human Psychopharmacology,
University of Limburg,
P.O. Box 616, 6200 MD Maastricht, The Netherlands



Binge Beer ad makes a point By Linda Frederick
NBC5 04/15/02

Liquid Drugs and Driving is the #1 cause of death for 18-24 year olds

"THC's adverse effects on driving performance appear relatively small"
U.S. Department of Transportation,
National Highway Traffic Safety Administration
(DOT HS 808 078), Final Report, November 1993

Cannabis use and Driving 03/22/00

Cannabis and Driving DWRf

"First they ignore you; then they mock you;
then they punish you; then you win."
-- Mahatma Ghandi



Recent allegations by the White House Office of National Drug Control Policy (ONDCP) that cannabis is a significant causal factor in on-road accidents and may adversely impact psychomotor skills up to 24 hours after past use are not supported by scientific evidence.
Allen St. Pierre.
NORML Executive Director

Paranoid Pot Smokers Drive More Carefully

Alcohol Impairs Driving More Than Marijuana

Cannabis May Make You a Safer Driver

"Simulated driving scores for subjects experiencing a normal social "high" and the same subjects under control conditions are not significantly different. However, there are significantly more errors for alcohol intoxicated than for control subjects"
Crancer Study, Washington Department of Motor Vehicles

Cannabisnews Search Cannabis & Driving

Cannabis & Driving by Erowid

"The only solution to the drugs problem is the legalisation of all drugs."
-- Sergeant Gordon Payne, Southampton Police

DdC

Positive Marijuana Result Not Associated With Auto Crash Culpability
September 29, 2005 - Baltimore, MD, USA
Marijuana use, as indicated by the presence of cannabis metabolites, is not associated with crash culpability among injured drivers, according to data presented at the annual conference of the Association for the Advancement of Automotive Medicine. continued...

Pot Less Harmful Than Alcohol or Tobacco

Cannabisnews Search alcohol

Alcohol impairs driving more than marijuana

"A single glass of wine will impair your driving more than smoking a joint. And under certain test conditions, the complex way alcohol and cannabis combine to affect driving behaviour suggests that someone who has taken both may drive less recklessly than a person who is simply drunk".
New Scientist March 2002



The influence of cannabis on driving
TRL, Britain (PDF - 1.5MB)

UK Lords Report On Cannabis & Driving

Alcohol impairs driving more than marijuana
New Scientist March 2002

"Cannabis can be used on an episodic but continual basis without evidence of social or psychic dysfunction. In many users the term dependence with its obvious connotations, probably is mis-applied... The chief opposition to the drug rests on a moral and political,
and not toxicologic, foundation".
The USA Merck Manual of Diagnosis and Therapy 1987

Marijuana Myth: "Marijuana Is A Major Cause Of Highway Accidents"

MARIJUANA DOES NOT CAUSE RECKLESS DRIVING

The White House Office of National Drug Control Policy (ONDCP) and certain Wisconsin legislators have launched a new crusade against "drugged driving," with a heavy emphasis on marijuana. This crusade is largely based on scientific misinformation, and it could lead to the enactment of bad laws.

US National Highway Traffic Safety Administration Reports

Marijuana And Actual Driving Performance by Robbe, NHTSA, 1993

Marijuana Use And Driving, by Robbe 1994

Marijuana And Actual Driving Performance - by Robbe, NHTSA, 1999

"My criminal record was blank. They're holding me because I forgot to dump my bag coming from Mexico, and there was a joint the size of a toothpick. That was a threat to the national security?"
-- Carlos Santana, musician, on his 1991 marijuana arrest

Marijuana & Alcohol Combined Increase Impairment - NHTSA 1999

Cannabis Campaigner's Guide to Cannabis & Driving

Schaffer Library References on Drugs and Driving

Cannabis And Road Safety
An Outline Of The Research Studies To Examine The Effects
Of Cannabis On Driving Skills And On Actual Driving Performance

"Professor Hall considers cannabis's contribution to danger on the roads to be very small; in his view the major effect of cannabis use on driving may be in amplifying the impairments caused by alcohol."
- UK Lord's Report, 1998


LAPDog Perversions

Legislators Should Revise Law on Pot and Driving
Source:Detroit News Editorial) 28 Jun 2006 Michigan

Bookmark: Marijuana and Driving

Cannabis Poses Less On-Road Risk Than Alcohol, US Crash Data Says
Source: NORML Foundation (DC) February 22, 2007 - Thunder Bay, Ontario

US drivers involved in fatal crashes who had trace levels of cannabis in their blood or urine are less likely to have engaged in risky driving behavior than drivers who test positive for low levels of alcohol, according to case-control data published in the current issue of the Canadian Journal of Public Health.

Investigators at Ontario's Lakeland University, Public Health Program, reviewed drug and alcohol data from US drivers aged 20-49 who were involved in a fatal crash from 1993 to 2003. Researchers separated motorists into 'cases' (drivers who had at least one potentially unsafe driving action recorded in relation to the crash) and 'controls' (drivers who had no such driving action recorded).

Drug Czar's Office "Obsessed" With Marijuana

"When I received my medical marijuana from the government, the judge who had acquitted me was asked, 'Where can Elvy smoke?' My attorney suggested wherever nicotine is permissible, and the judge agreed with him."
-- Elvy Musikka, who receives legal pot from the US government

Listen to Steven Harper's speech to MADD Canada
regarding his intent to crack down on drugged-driving
November 10, 2006 - Kitchener, Ontario

Grave Duffis: Smoke a Joint, Lose Your License?!?

Authoritarians
Authoritarians Wrecking Crew

"Medicines often produce side effects. Sometimes they are physically unpleasant. Cannabis too has discomforting side effects, but these are not physical they are political"
The Economist March 28th 1992

Government patents cannabinoids? No Medical Value?

Safe Access Now Online Handbook
Cannabis Yields and Dosage (Part 1)
By Chris Conrad (c) 2004 , 2005, 2007

HS 11362.5. (a) This section shall be known
and may be cited as the Compassionate Use Act of 1996.

* has been recommended by a physician
* person's health would benefit
* or any other illness for which marijuana provides relief.
* no physician in this state shall be punished,
* Illegal possession and cultivation of marijuana,
shall not apply to a patient, or to a patient's primary caregiver
* upon the written or oral recommendation or approval of a physician

California Govt. Offers Guidelines for Pot Smokers, Cops and Growers

Note. Compassionate Use Act not the MMJ Act

Drug Arrests per 100,000 by Race, 1980-2003

Race 1980 2003 GROWTH
WHITE 387 658 70%
BLACK 684 2221 225%

"Compared to alcohol, which makers people take more risks on the road, marijuana made drivers slow down and drive more carefully.... Cannabis is good for driving skills, as people tend to overcompensate for a perceived impairment."
- Professor Olaf Drummer, 1996 (forensic scientist)
Royal College of Surgeons in Melbourne

DwArF

Wow that's ridiculous. I can't believe they aren't allowing her to get her license.

Has this happened to other patients?

DdC

Americans for Safe Access has received similar complaints from marijuana patients in seven other counties, including Alameda, Contra Costa and Sonoma, said spokesman Kris Hermes. He said the DMV appears to have "a practice or policy, whether written or unwritten, of scrutinizing medical marijuana patients' status and (in some cases) suspending or revoking licenses because of that status."

__________________

SweetMattisGanj

such bs, who the fuck do the dmv's think they are? I've long hated the dmv, not just for the long lines and rude service (if you can even call it service) but because of how generally unnecessary it is. They're not totally bad but on the off chance they make a good decision it's usually immediately outweighed by 50 bad decisions. Last time I went those assholes tried to suck me dry, claiming I somehow owed them over $1,000 in taxes before I could register my car in california. Apparently if you buy a car in another state you have to pay the sales tax to california even though you've already payed it to somebody else. I told the dmv "thanks but no thanks on the tax to nowhere" because luckily I bought the car here like a week before I left state. Then they tried to deny the validity of my claims even though I had a full page receipt, along with other documentation to prove it. Eventually I yelled enough to get them to drop the douchery and my $1000 registration fee went down to $170 (still a fuckin travesty).


Oh, by the way, did you know that you don't own your car? If you did why would you have to pay the government so you can drive it? That's what registration is because see, you're a co-owner with the government even though you bought the car, it's not yours. I can't remember how but if you buy your car brand new from the factory they can actually give you a piece of paper that puts you into full ownership of the car so that you don't need to register your car at the dmv, ever, and you don't need a license plate. Of course, we all know cops are idiots so of course they're unaware of this law usually making it almost not worth it to express your driving freedom because of the hassle it causes.

Either way, the dmv is only necessary because you've been lied to about who your car belongs to, if it was yours you wouldn't need to pay for it every year with registration fees and all that bullshit, fuck the Department of Morons and Vehicles.

__________________
Knowing others is intelligence; knowing yourself is true wisdom.
Mastering others is strength; mastering yourself is true power.

If you realize that you have enough, you are truly rich.
If you stay in the center and embrace death with your whole heart, you will endure forever.

-Tao Te Ching

~1~

So, by this logic, anyone who has ever purchased an alcoholic beverage should be denied access to a license.

__________________

DdC

DMV does suck big time. Arrogance and Ignorance are deadly combo's. I think she does Vicadin and they had no problem with that. Rush drives on Oxy...

Yes I did know the title is owned by the state so in essence you are only using the car you bought with your own money and paid taxes on. But the same is true of your Mortgage. You don't own the house you live in either. Or the land. Surprise! The American Dream... Even with a state issued deed, corporations own the minerals underneath your house. Coal tin whatever. Makes it easier to forfeiture if you happen to leave a roach laying around. Eminent Domain is another grab bag of Fascism. Kick you out and put up a parking lot... More city revenue.

Authoritarians

Authoritarians Wrecking Crew

__________________

SweetMattisGanj

yep, I think you need something called a lodial title to actually own the land you live on and if I'm not mistaken the only state you can get a lodial title in is Texas so basically only texans can truly own land.

__________________
Knowing others is intelligence; knowing yourself is true wisdom.
Mastering others is strength; mastering yourself is true power.

If you realize that you have enough, you are truly rich.
If you stay in the center and embrace death with your whole heart, you will endure forever.

-Tao Te Ching