You cannot win a Michigan driver’s license restoration or clearance case and also use recreational marijuana. This article will look at why anyone who smokes pot (or otherwise even thinks they can occasionally drink) will automatically lose his or her license appeal. There is an exception to this for people who use medical marijuana for a serious condition, but our focus in this article will solely be on the recreational use of weed, how that stands in conflict with any notion of sobriety, and why that will stop a license appeal dead in its tracks.
As driver’s license restoration lawyers, we field an endless stream of calls from people who want to get back on the road legally. Because we guarantee to win every initial license restoration and clearance case we take, my team and I have to screen carefully to make sure a person can win (meaning that he or she is genuinely sober), before we undertake representing him or her. We don’t want to get stuck doing warranty work on a case that was a loser from the start. The recent legalization of recreational marijuana has given rise to the misconception that a person can somehow use it and still win a license restoration or clearance appeal. As we’ll see, this is 100% NOT true.
People in recovery understand that real sobriety specifically excludes the use of any mind or mood-altering, or potentially habit-forming substances, unless medically necessary, and even then, only when there is no suitable alternative. When that happens, the use of any such substances must take place under direct medical supervision. A person who is clean and sober simply cannot drink or get high, ever again. This is basic, fundamental stuff, kind of like “Recovery 101.”