. . . will the state tell you the other driver is a “medical marijuana” user?
PROBABLY NOT! Not even if the officer arrests the driver for being under the influence at the hospital.
Marijuana users, driving under the influence, often get away with being involved in vehicle collisions and are not prosecuted, in fact have no consequences whatsoever.
The question is, “why”? The facts are state is facilitating this by issuing a “medical marijuana” card giving the right to use an illegal drug while allowing them to retain their driver’s licences and therefore, of course, allowing them to drive legally. There is no reason the state ought to be issuing driver’s licenses to drug users! Just the opposite; they should be prohibited from doing so! Marijuana users often do not come down from their high long enough to drive without being under the influence!
The states are endangering the citizenry by doing so!
DWI accidents occur every day and often, the state doesn’t reveal to the injured parties, that the other driver is a medical marijua user! Why not?
In Oregon, a state of 3.7 million population, there are near 20,850 “medical marijuana” pseudo-legal users in the state of Oregon and probably 99% still drive even though they get high every day – usually several times a day, if not constantly!
The point is, here, . . . . state employees know these people are probably driving, and I believe, they intentionally do not make that information available – to insurance companies, to police (unless for some reason, they suspect and check)! The state counts on the police officer investigating the collision to uncover any drug use, even if there is nothing to indicate it, but because of the situation, it’s often unreasonable to expect an officer to do so.
If the state decides to issue driver’s licenses to drug users (and I believe they should not), but if they do, each license should be flagged for a police officer to easily recognize it! This goes for any reason a driver is stopped, even if not because there’s been a vehicular collision; it would alert the officer to examine the driver for other signs that the user is possibly Druving Under the Influence / DWI!
I believe, public officials have designed these programs to purposefully, obscure the truth; of course they wouldn’t want bad publicity for what has now become their job! . . . especially not in these times!
In a number of states, driver’s use of marijuana, is often either ignored or it is not apparent to the officer at the scene.
If the user (who considers himself a patient) has used, before the collision, that does not mean he is not driving under the influence! The use of visine, often effectively hides the use.
Also, if multiple parties are injured, the police are more focused on working the accident scene, assuring everyone is safe, and that those with injuries are transported to where they need to go.
If you live in a state where it is allowed to smoke marijuana for medicinal purposes, (not only has the public been scammed into believing marijuana is medicinal), and drives, your safety, the safety of your loved one, . . . . the safety of every other passenger on the road, is endangered.
If you’ve been in an accident, and an injury has occurred, and the police did not detect whether there was a DWI, I believe, it does not mean, there was no prior drug use.
Therefore it may NOT necessarily be too late, to pursue investigating this. If the driver of the other vehicle is a “medical marijuana user” it can probably be determined by investigation how often he gets high, whether he told anyone after the fact that he was stoned, etc.
First, if you suspect the other driver is a user, the place to start is you need to have a lawyer subpoena state records to see if the other driver is a “medical marijuana” cardholder. It may take the freedom of information to force the state to reveal it, but . . . . . if the other driver is a user, you may have legal recourse against:
– the driver
– the auto insurance company (especially since they did not attempt to find out if their insured was driving DWI)
– the user’s doctor’s
– the medical malpractice insurance company (most doctors who have signed prescriptions or recommendations for marijuana users are no longer covered by malpractice insurance any longer so his entire wealth is at risk.), but it may be that when the doctor signed, he was covered, so the malpractice company may also be liable.
– the state which issued the drivers’ license knowing he was using marijuana could also be found liable or at least complicit.
– the legislators which directed the establishment of the program.
– the administrators of the program (especially if it looks as if it was set it up to hide the fact that the drivers are using medication which makes them dangerous drivers.)
- the driver
- the auto insurance company (especially since they did not attempt to find out if their insured was driving DWI)
- the driver’s doctor
- or the user’s doctor’s medical malpractice insurance company (most doctors who have signed prescriptions or recommendations for marijuana users are no longer covered by malpractice insurance any longer so his entire wealth is at risk.) It may be though that when the doctor signed, he was covered, so the malpractice company may also be liable.
- the state which issued the drivers’ license knowing he was using marijuana could also be found liable or at least complicit.
- the administrators of the program who set it up to hide the fact that the drivers are using medication which makes them dangerous drivers.
- the police for not checking ( ? ) if the driver was a medical marijuana user [or if they did, for not informing you
Good luck, and if you would please, keep us informed as to the progress of the case – post a reply on this blog and we’ll talk.
The laws allowing drug users to drive, need to be changed as well!
Marijuana may be legal to use in some states, for supposed medicinal purposes, but that’s a scam that “legalizers” have run successfully on the public!