Navigating the maze of DUI laws can be complicated, especially with evolving regulations surrounding medical marijuana. In the state of Pennsylvania, this complexity is highlighted as lawmakers grapple with an ongoing issue concerning the DUI implications for medical marijuana users.
At the heart of the debate is a peculiar glitch in the state’s DUI law. Currently, if you hold a medical marijuana card in Pennsylvania – an identification over half a million Pennsylvanians possess – you might be found automatically guilty of a DUI while driving. Not because you’re necessarily impaired, but simply due to the presence of cannabis in your system. This is because of Pennsylvania’s strict zero-tolerance rule regarding driving with any federal schedule one drug, which includes cannabis.
For many unfamiliar with the nuances of the Pennsylvania DUI process, the reality can be startling. It’s possible to face a DUI charge merely by showing your state medical marijuana card to law enforcement. Due to Pennsylvania’s strict zero-tolerance policy, medical marijuana patients could be considered under the influence at all times, every day of the year, irrespective of actual impairment.
Thankfully, there are moves to address this contentious issue. Pa. Sen. Camera Bartolotta, a Washington County Republican, has re-introduced Senate Bill 363. The aim? To eradicate the presumption that all medical marijuana users are impaired drivers. Instead of automatic convictions, the bill proposes that impairment must be proven for a DUI charge. However, unlike alcohol, where there’s a clear blood alcohol concentration test, determining marijuana impairment remains a grey area.
For now, it’s largely up to the standard field sobriety tests – observations by law enforcement officers – to assess impairment. Tests include “the walk and turn, finger to nose, horizontal gaze nystagmus,” among others. Yet, as Nightingale asserts, just possessing a medical marijuana card shouldn’t be automatic proof of driving under the influence.
For those in Pennsylvania, especially those with a medical marijuana card, understanding the state’s DUI laws is crucial. While the legislative wheels turn slowly, it’s essential to be informed and take precautions.
At the Law Office of Steven F. O’Meara, our expertise lies in navigating the intricate Pennsylvania DUI process. If you or someone you know is facing DUI charges or has questions related to medical marijuana and DUI implications, we offer specialized advice and DUI defense strategies tailored to your situation. Protecting your rights is our top priority.
Related: Why is license suspension a concern?
Did You Know?
Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program can offer first-time offenders a unique opportunity. If you successfully complete the ARD program, charges can be dismissed and records expunged. However, eligibility isn’t automatic. Wondering if you qualify?
Check Your ARD Eligibility!
Contact the Law Office of Steven F. O’Meara today for a free case evaluation. Ensure your rights are protected and navigate the ARD process with confidence.
Disclaimer: The information provided in this article is for informational purposes only and should not be considered legal advice.
