A new legislation has been introduced in the Pennsylvania House aiming to protect medical marijuana patients from DUI charges based solely on THC presence in drug tests. This groundbreaking legislation addresses a critical issue affecting the over 425,000 registered medical marijuana users in the state.
However, the legislation does not extend to marijuana users who are not enrolled in the state’s medical marijuana program, and it will not protect drivers found to be impaired by marijuana while driving. Thus, clear distinctions remain between medical marijuana users and recreational users.
Pennsylvania currently operates under a zero-tolerance policy for controlled substances, standing as one of the few states to do so. This position has caused concern for many medicinal cannabis patients who fear they could be penalized under the DUI law, despite not being impaired.
This issue of policing marijuana use by drivers is indeed complex, as the detectable presence of marijuana can linger long after any impairment effects have ceased. The current law allows for drivers to be charged with DUI based purely on the detection of marijuana use.
Similar legislation has been proposed before but stalled in the Transportation Committee. As we observe these developments, it’s crucial to stay informed about the possible legal implications that might affect the lives of medical marijuana users, especially those who are also motorists.
Related: How does Pennsylvania treat out-of-state DUI?
As a dedicated DUI attorney in Delaware County, PA, Steven F. O’Meara and his team remain committed to offering robust drunk driving defense and support for those dealing with DUI related PennDOT license suspensions. Our mission is to help you navigate these evolving laws and their implications.
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