Loading
  • Facebook
  • Instagram
  • Twitter
  • Reddit
  • LinkedIn
Dispense Magazine
  • Home
  • Articles
    • Featured
    • News
    • Health
    • Law
    • Interviews
  • Podcast
  • Resources
    • Physicians
    • Clinics
    • Dispensaries
    • Glossary
  • About
  • Contact
  • Advertise
  • Menu

Medical Cannabis, DUI, and Your Pennsylvania Driver’s License

Featured, Law, News Fall 2019
Dispense Magazine - Medical Cannabis, DUI, and Your Driver's LicenseDispense Magazine
Fall 2019 Print Article

On April 17, 2016, Pennsylvania became the 24th state to legalize Cannabis as a medical treatment when Governor Wolf signed the “Medical Marijuana Act.” While the Act has addressed many concerns on the medical administration of the drug, those utilizing this treatment must understand that Pennsylvania still classifies Cannabis a Schedule I Controlled Substance. This classification, despite the legalization for medical purposes, leaves patients at risk for criminal prosecution under the Pennsylvania Traffic Code for a Driving Under The Influence (DUI) of a Controlled Substance.

Under the Pennsylvania Traffic Code, a person may not operate or be in actual physical control of a vehicle if there is ANY amount of a Scheduled I Controlled Substance, as it is defined under the Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act. A person is also prohibited from driving if he or she is under the influence of a drug or the combination of drugs to a degree which impairs that individual’s ability to safely drive, operate, or be in actual physical control of a vehicle within the Commonwealth.

Most people, unfortunately, assume that driving under the influence charges in Pennsylvania are specifically reserved for alcohol or an illegal substance such as crack cocaine or heroin. The law does not distinguish between a legal or illegal substance. Medical marijuana patients, therefore, must understand that if they choose to drive while utilizing this drug treatment, the risk of a possible DUI arrest and conviction which could carry mandatory jail time, a license suspension, fines and substantially increased insurance rates. The Pennsylvania Traffic Code specifically requires the Commonwealth to establish, beyond a reasonable doubt, that an individual was under the influence of a drug to a degree which impairs that person’s ability to drive safely, but not a specific drug! Under the Code, the Commonwealth is not required to introduce any type of blood or chemical evidence to meet its burden of proof. An assistant district attorney (prosecutor) can obtain a conviction from the testimony of the arresting officer as to an individual’s physical presentation following an arrest. The prosecution does not necessarily need to produce an expert witness to testify about a person’s impairment if they can introduce testimony through the arresting officer which sufficiently addresses the issue of impairment (i.e. failure of a field sobriety test, bloodshot eyes, the odor of marijuana).

A Potential Problem For Medical Marijuana Patients

The Code does not require blood evidence but does require the prosecution to establish impairment. It applies to legally proscribed and illegal drugs. The Code does have a strict liability charge which means that the Commonwealth only has to establish that the motorist was driving or in operation of the vehicle and either a Schedule I drug (including medical cannabis) or non-prescribed drug was in the person’s system at that time.
A medical marijuana patient is potentially guilty of a DUI if he or she is stopped for some unrelated traffic offense and the police officer discovers that the motorist has used or is currently using medical cannabis. This scenario, however, is highly unlikely if the officer had no reason to suspect that the motorist was under the influence of drugs. The scenario, however, is a possibility if following the stop, the motorist informs the officer that he or she has recently consumed medical cannabis under the mistaken belief that it could help explain the reason for a motor vehicle violation such as disregarding a stop sign or speeding. This is the primary reason why I advise clients to be respectful of police but never volunteer any information and to never answer any question which the officer poses following the stop.

Should You Refuse a Chemical Test?

  • If you’re stopped for suspicion of DUI and are using medical cannabis as drug treatment, understand that your prescription IS NOT a defense to criminal prosecution for DUI. If you find yourself in this situation, here is some advice:
  • You’re under no duty to disclose, nor should you disclose, that you are taking any type of medication which would include Cannabis, over the counter drugs such as Benadryl or other substances which could cause impairment.
  • You are only required to provide the police officer with your license, vehicle registration, and proof of insurance. You are not required to answer any questions regarding what you may have consumed or the reason for traveling.
  • You should never refuse a chemical test (blood or breathalyzer) because the refusal in and of itself will result in a license suspension regardless of the outcome of the criminal case. The license suspension is a civil sanction as opposed to criminal penalties. Your criminal defense lawyer can still make several arguments regarding the admissibility of the blood evidence which would include motions to suppress that evidence based on the lack of probable cause for the vehicle stop or the arrest.

If you would like more information regarding DUI defense I would encourage you to visit my website which maintains a regularly updated blog and two free downloadable books devoted to DUI defense.

Alfonso Gambone, Esq., of Gambone Law, can be reached at The Belmont Building, 211 N. 13th Street, Suite 825, Philadelphia, PA 19107, at www.gambonelaw.com, or at (215) 755-9000.

October 29, 2019/by By Alfonso Gambone, Esq.
Tags: medical cannabis, Medical Cannabis Act, Medical Cannabis and DUI, Medical Cannabis Laws, medical marijuana
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Reddit
  • Share by Mail
https://dispensemagazine.com/wp-content/uploads/2019/10/Medical-Cannabis-DUI-and-Your-Drivers-License.jpg 721 1282 By Alfonso Gambone, Esq. https://dispensemagazine.com/wp-content/uploads/2019/06/Dispense-Magazine-Logo-1.svg By Alfonso Gambone, Esq.2019-10-29 09:53:352020-01-17 02:34:05Medical Cannabis, DUI, and Your Pennsylvania Driver’s License
You might also like
Dispense Magazine - A Message from Patrick K. Nightingale, Esq.Dispense Magazine A Message from Patrick K. Nightingale
Mental Health and Medical Cannabis - Dispense Magazine PodcastDispense Magazine Mental Health and Medical Cannabis: Dispense Magazine Panel Podcast
Dispense Magazine Podcast - The State of PA's Medical Cannabis Program - An Interview With Lt. John FettermanDispense Magazine The State of PA's Medical Cannabis Program - An Interview With Lieutenant Governor John Fetterman
PA Department of Health launches medical marijuana programAdobe Stock PA Department of Health Launches Medical Marijuana Research Program
Dispense Magazine Podcast - Medical Marijuana and Pediatric Medicine Part IIDispense Magazine Medical Marijuana and Pediatric Medicine - PART II
Dispense Magazine - Pennsylvanias Medical Cannabis Program: Setting the Keystone StandardDispense Magazine PA’s Medical Marijuana Program: Setting the Keystone Standard

Featured

  • Cannabis Terpenes, a guide for Medical Marijuana PatientsDispense MagazineLet’s Talk Terpenes – FarnesolJanuary 20, 2020 - 10:50 pm
  • Cannabis Terpenes, a guide for Medical Marijuana PatientsDispense MagazineLet’s Talk Terpenes – CedreneJanuary 13, 2020 - 7:08 pm
  • Cannabis Terpenes, a guide for Medical Marijuana PatientsDispense MagazineLet’s Talk Terpenes – MentholJanuary 6, 2020 - 11:49 am
  • The PA Flower Shortage - Growing Pains or Structural Problems 3Dispense MagazineFlower Shortage in PA – Growing Pains or Structural Problems?January 5, 2020 - 3:06 pm
  • Dispense Magazine Podcast Now Available on iheartradioDispense MagazineDispense Podcast now available on iHeartRadioJanuary 1, 2020 - 5:21 pm
  • Cannabis Terpenes, a guide for Medical Marijuana PatientsDispense MagazineLet’s Talk Terpenes – FencholDecember 30, 2019 - 10:00 pm

Newsletter Signup

Download the Latest Issue!

Like us on Facebook

Follow us on Instagram

Dispense Magazine

800 Bay Ridge Ave

Apt 1
Pittsburgh, PA 15226

412.915.5340

[email protected]

Categories

  • Featured (68)
  • Health (81)
  • Interviews (26)
  • Law (10)
  • News (55)
  • Podcast (34)
  • Science (17)
  • Sponsored (7)
  • Terpenes (26)

Find Dispense Magazine

© 2019 - Dispense Magazine | Terms of Service | Privacy Policy | Cookies Policy | Disclaimer | Website by Budding Brand
  • Facebook
  • Instagram
  • Twitter
  • Reddit
  • LinkedIn
Let’s Talk Terpenes – Phellandrene Cannabis Terpenes, a guide for Medical Marijuana PatientsDispense Magazine Keeping a Focus on Patient Safety An Interview with Acreage Holdings CMO Corey Burchman, MD - Dispense MagazineDispense Magazine Keeping a Focus on Patient Safety: An Interview with Acreage Holdings CMO Dr.... Scroll to top

Dispense Magazine utilizes cookies to give you the best browsing experience possible. By continuing to browse the site, you are agreeing to our use of cookies.

OK


How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refuseing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visist to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

Accept settingsHide notification only

Enter your email address for a FREE digital copy of Dispense Magazine!

 

Enter your email address to receive this quarter’s issue, absolutely free!

If you would like a physical copy, please click here

Dispense Medical Marijuana Magazine Volume 1 Issue 3 Cover

Please fill out the form below, and we’ll send you a copy of our latest issue.

 

Dispense Medical Marijuana Magazine Volume 1 Issue 3 Cover

 

Enter your email address to receive this quarter’s issue, absolutely free!

If you would like a physical copy, please click here

This is text

2019 Multimedia Advertising Guide

Please fill out the form to receive a copy of our advertising guidelines. Once submitted, one of our advertising reps will get right back to you.