ASA Sues Calif. DMV for Discriminating Against Patients

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The loss of a medical marijuana patient's drivers' license has resulted in a lawsuit against California's Department of Motor Vehicles (DMV). Americans for Safe Access filed the suit in Merced on behalf of Rose Johnson, a 53-year-old patient from Atwater, who had her license renewal denied in July solely because of her status as a medical marijuana patient. Despite a clean driving record and 37 years without an accident, Ms. Johnson was denied a license after DMV obtained her medical records, which revealed that her doctor had recommended cannabis as a treatment.

According to the DMV, Ms. Johnson's license was revoked "because of...[an] addiction to, or habitual use of, [a] drug," which they claim renders her unable to safely operate a motor vehicle. DMV provided no evidence in support of the decision.

"The DMV cannot simply disregard California's medical marijuana law," said ASA Chief Counsel Joe Elford, who is representing Ms. Johnson. "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. 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."

ASA has received widespread reports of the California DMV suspending or revoking the licenses of medical marijuana patients in at least eight counties -- Alameda, Butte, Contra Costa, Glenn, Merced, Placer, Sacramento, and Sonoma. DMV has stripped medical marijuana patients of their drivers' licenses by classifying them as habitual "drug abusers," despite California's legal protections for patients.

In 2007, Ms. Johnson's home county of Merced instituted a policy that instructs Sheriff Deputies to respect state law and not 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, part of a campaign by ASA to fully implement California's medical marijuana laws, is expected to be heard in Merced Superior Court in the next few months.


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