With the growing legalization of medical marijuana in Pennsylvania, many residents now have legal access to cannabis for treating various medical conditions. However, this rise in usage brings new concerns, particularly about driving under the influence of marijuana. While medical marijuana use is legal, Pennsylvania has strict laws concerning impaired driving, and a DUI for marijuana can lead to severe consequences.
In this blog, we will explore the intersection of medical marijuana use and Pennsylvania’s DUI laws, especially with the recent changes introduced by Senate Bill 363. Whether you’re a patient using medical marijuana or simply want to understand the legal landscape, this post will provide crucial information about your rights and responsibilities as a driver.
The Basics of Pennsylvania’s DUI Laws
Under Pennsylvania law, it is illegal to operate a vehicle if you are impaired by alcohol or drugs to the point that you cannot drive safely. Pennsylvania uses a blood alcohol concentration (BAC) limit of 0.08% for alcohol-related DUIs. For drug-related DUIs, including marijuana, the state focuses on the presence of controlled substances like THC (the active ingredient in marijuana).
Before Senate Bill 363, the mere presence of THC in your system was enough to result in a DUI charge, even if you weren’t impaired at the time of driving. THC can linger in the body long after its psychoactive effects have worn off, making medical marijuana users particularly vulnerable to these charges.
Key Changes Under Senate Bill 363: Protecting Medical Marijuana Patients
The recent amendments in Senate Bill 363 provide greater protection for medical marijuana users in Pennsylvania. Here’s how these changes impact medical marijuana patients:
- Proof of Actual Impairment is Required: Under the new law, possession of a valid medical marijuana card and the presence of THC in the blood is not enough to convict someone of a DUI. Prosecutors must prove actual impairment — meaning that the driver was unable to safely operate the vehicle due to marijuana use. This marks a significant shift from the previous zero-tolerance policy.
- Medical Marijuana Card Cannot be Used as Probable Cause: Senate Bill 363 clarifies that merely possessing a medical marijuana card cannot be used as probable cause for a traffic stop or chemical test. Law enforcement must have additional evidence suggesting that the driver is impaired.
- Chemical Tests and Probable Cause: The law also makes it clear that a medical marijuana patient’s ID card cannot, on its own, justify a request for a chemical test, such as a blood or urine test, to detect the presence of THC. Police officers must have reasonable grounds based on the driver's behavior or other evidence.
- Federal Regulations Still Apply: One important caveat is that the amendments do not override federal regulations regarding commercial drivers. Those operating commercial vehicles, such as truck drivers or school bus operators, are still subject to federal zero-tolerance rules, meaning they cannot legally drive with any THC in their system, even if they hold a medical marijuana card.
The Role of Blood Tests in Marijuana DUIs
Pennsylvania uses blood tests to determine the presence of drugs, including THC, in a driver’s system. Prior to the passage of Senate Bill 363, even a trace of THC in your blood could result in a DUI conviction. This was problematic for medical marijuana users, as THC can remain in the body for days or weeks after use, well beyond the period of actual impairment.
Now, the focus has shifted to proving whether the driver was actually impaired. This change benefits medical marijuana patients, as the presence of THC is no longer an automatic ticket to a DUI conviction. However, this also means that law enforcement will likely rely on other methods, such as observations of the driver’s behavior, to establish impairment.
Defenses to Medical Marijuana DUIs in Pennsylvania
If you are a medical marijuana patient facing a DUI charge in Pennsylvania, several defenses may be available, particularly under the new Senate Bill 363 provisions:
- Lack of Impairment: The central issue in a marijuana-related DUI case is now whether you were actually impaired. Since THC can remain in your body long after the effects have worn off, your attorney may argue that while you had THC in your system, you were not impaired at the time of driving.
- Challenging the Blood Test: The accuracy and handling of blood tests can be called into question. Errors in how the test was administered or how the sample was processed could undermine the reliability of the results, and your attorney may use this to weaken the prosecution’s case.
- Invalid Traffic Stop: If the officer did not have reasonable suspicion to pull you over, the traffic stop itself could be challenged. Under the new law, possessing a medical marijuana card alone cannot justify a stop or chemical test.
What Should Medical Marijuana Patients Do to Avoid DUI Charges?
With the new protections under Senate Bill 363, medical marijuana users are in a better position to defend themselves against DUI charges. However, to avoid legal trouble, here are a few important steps to keep in mind:
- Avoid Driving After Using Marijuana: Even though the law now requires proof of impairment, it’s best to avoid driving after using medical marijuana to reduce the risk of a DUI charge. THC can still affect your ability to drive safely, and law enforcement may observe signs of impairment.
- Understand How Long THC Stays in Your System: THC metabolites can stay in your body for extended periods, so it’s important to be mindful of this, especially if you drive frequently.
- Keep Your Medical Marijuana Card Handy: If you’re pulled over, having your medical marijuana card can clarify that your marijuana use is legal. However, remember that your card cannot be used as a defense for impaired driving.
- Seek Legal Advice if Charged: If you are facing a DUI charge related to medical marijuana use, it’s essential to seek legal representation. The experienced attorneys at The Law Offices of Joseph Lesniak, LLC can help you navigate the complexities of DUI law and build a strong defense.
Navigating Pennsylvania’s Medical Marijuana and DUI Laws
While Pennsylvania’s recent legislative changes offer more protection for medical marijuana users, it’s crucial to stay informed about your legal rights and responsibilities as a driver. Senate Bill 363 ensures that medical marijuana patients are not unfairly penalized for using legally prescribed cannabis, but driving while impaired remains a serious offense.
Protect Your Rights—Contact the Law Offices of Joseph Lesniak for DUI Defense
If you're a medical marijuana patient in Pennsylvania facing DUI charges, don't leave your case to chance. The laws surrounding medical marijuana and impaired driving are complex, and you need an experienced legal team on your side. At The Law Offices of Joseph Lesniak, LLC, we specialize in defending clients in DUI cases, ensuring your rights are protected under the latest legal developments. Contact us today for a consultation and let us help you build a strong defense. Your future and freedom are too important to risk.
