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ARCHIVE Published on: 2009-02-18
Rose Johnson, is a 53-year-old medical marijuana patient from Atwater. Despite Ms. Johnson's clean driving record -- not having caused an accident in 37 years -- the DMV revoked her license in July of 2008. According to the DMV, Ms. Johnson's license was revoked "because of...[an] addiction to, or habitual use of, [a] drug," thereby rendering her unable to safely operate a motor vehicle, even though no evidence existed to substantiate this claim. In November 2008, ASA filed suit against the DMV for its policy of unjustly revoking drivers' licenses of qualified medical marijuana patients. The DMV established a formal policy February 2009 to treat medical marijuana like any other prescription drug.
In January 2009, as a result of the lawsuit and a positive driving test by Ms. Johnson, the DMV reinstated her license and issued the new policy before the case had a chance to go to trial in Superior Court.
- ASA Writ of Mandamus challenging revocation by DMV of Rose Johnson's license (filed 11/18/08)
- DMV Driver Safety Procedure Manual revision (issued 2/18/09)