DUI Marijuana Law in Pennsylvania – Arrest for Driving Under the Influence of Medical Marijuana

Posted by & filed under drug charges, dui defense, marijuana dui charges, The Travis Law Firm Blog.

Pennsylvania legalized medical marijuana on April 6, 2016. On February 15, 2018, medical marijuana became available in Pennsylvania. However, strict rules and laws are governing medical marijuana use. Even though you have a medical marijuana card, police officers may arrest you for certain violations. For that reason, you need to be aware of the DUI marijuana law in Pennsylvania if you use medical marijuana.

Purchasing Medical Marijuana in Pennsylvania

If you have a valid medical marijuana card, you can possess up to a 30-day supply of marijuana:

  • Ointments
  • Gels
  • Oils
  • Creams
  • Pills
  • Liquids
  • Tinctures

The newest addition is the cannabis flower. It is essential to understand that smoking a cannabis flower is still illegal. Using a cannabis flower for medical purposes means that a person must consume it by vaporization.

A medical marijuana dispensary can sell you up to a 30-day supply of medical marijuana products. During the last seven days of your 30-day supply, you can order a refill. Anyone caught with more than a 30-day supply of medical marijuana can be charged with possession of an illegal substance.

A conviction of the illegal possession of marijuana can result in serious fines and jail time. Having more than 30 grams of marijuana in your possession could result in up to 1 year in jail and up to a $5,000 fine.

DUI Marijuana Law in Pennsylvania

The DUI marijuana law in Pennsylvania is as strict as medical marijuana possession laws. It may be legal to use medical marijuana to treat certain health conditions, but it is not legal to drive under the influence of medical marijuana.

The current DUI marijuana law in Pennsylvania states that a person can be arrested for driving under the influence of a controlled substance if they have THC metabolites in their blood. However, THC metabolites can remain in the blood system for a considerable period. Therefore, the driver may or may not be impaired.

Lawmakers are working to change the laws related to zero-tolerance for medical marijuana users. Under the proposed law, police officers would need to prove actual impairment to charge you with DUI.

However, until DUI laws change, driving under the influence of medical marijuana could result in a DUI conviction. A first conviction could result in a fine of up to $5,000, up to six months in jail, and driver’s license suspension for 12 months. A second conviction results in a fine of up to $10,000 and 90 days to six months in jail. You lose your driver’s license for 18 months for a second marijuana DUI conviction.

Fight Marijuana DUI Charges with Help from an Erie DUI Lawyer

If the police arrested you for driving under the influence in Pennsylvania, you need an experienced DUI attorney to fight the charges. A DUI conviction can not only result in fines and jail time, but it can also disrupt your life for a year or more until you can drive again.

Our Erie DUI attorneys have extensive experience handling DUI charges, including charges involving marijuana. Call (800) 401-2066 now to schedule your free legal consultation with a DUI lawyer in Erie, Pennsylvania.