Medical Marijuana User Fights for License
U.S. National - AP
By BRIAN MELLEY, Associated Press Writer
SACRAMENTO, Calif. - Officials Tuesday abruptly postponed a driver's license test for a medical marijuana user with a case before the U.S. Supreme Court (
news -
web sites) after her lawyer claimed she was being unfairly targeted for review.
AP Photo
Diane Monson, 47, who uses marijuana to relieve back pain, was notified by the Department of Motor Vehicles earlier this month that she needed to appear at a re-examination hearing Thursday — or lose her license.
Such hearings are held routinely for drivers involved in serious crashes or who have been cited for driving under the influence of drugs or alcohol at least three times over three years.
Monson said with the exception of a speeding ticket 15 years ago, she had a spotless record. The DMV notice did not say why she was selected for re-examination.
"I still very strongly that I've done nothing whatsoever to warrant this investigation," Monson said after being notified the hearing was scrapped.
Even a spokesman for Attorney General Bill Lockyer seemed puzzled a DMV hearing was required in Monson's case.
"Quite frankly, I find it strange," spokesman Nathan Barankin said.
DMV brass put the hearing on hold and launched a "top to bottom" internal review after Monson and her lawyer delivered a cease-and-desist notice to agency headquarters, said spokesman Bill Branch.
"So far as top-level DMV officials can recall, we are not aware of any other cases involving medicinal marijuana," Branch said.
Monson had just passed an eye exam to renew her license when she was notified of the hearing; it arrived shortly after her medical marijuana case was heard by the nation's high court.
Monson is a plaintiff in a case that will determine whether federal law enforcement agents can seize pot grown by users in states where it can be legally prescribed as medicine.
California law allows people to grow, smoke or obtain marijuana for medical needs with a doctor's recommendation. Other states with such laws are Alaska, Arizona, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington.
