Medical Marijuana and DUIs
Is it illegal to drive my vehicle after I consumed medical marijuana?
Yes, as of 2024, it is illegal in Pennsylvania to drive a vehicle while you have any amount of controlled substance in your blood – including marijuana/THC. Because Pennsylvania and the Federal government still treats medical marijuana as “a controlled substance” driving a vehicle with any amount of THC or marijuana in your blood could subject you to criminal penalties for driving under the influence. See Pennsylvania Traffic Code Section 3802(d).
Pennsylvania law states that an individual may not drive, operate, or be in actual physical control of the movement of a vehicle where there is any amount of a scheduled I controlled substance in the individuals blood, any amount of a scheduled II controlled substance no medically prescribed, or a metabolite of a scheduled I or II controlled substance. 3802(d)(1)(i)-(iii).
Pennsylvania law also has a “catchall” DUI statute whereby if the individual is “under the influence of a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate, or be in actual physical control of the movement of the vehicle. 3802(d)(2). Importantly, under the “catchall” provision, police can charge you with a controlled substance DUI if they have grounds to believe that you were under the influence of a controlled substance – typically where they have performed ARIDE (advanced roadside impairment) tests or they have found a controlled substance in your possession during the course of an arrest.
It is also important to note that DUI crimes in Pennsylvania are charged under Title 75, which is the motor vehicle code, not Title 18, which is the crimes code. The difference is mostly inapplicable, but it can lead to some creative DUI defenses.
Whether Marijuana remains a schedule I drug remains to be seen. In April of 2024, the United States Department of Justice endorsed an idea to change the Marijuana Drug Schedule from I to III, which would in theory limit the Commonwealth’s ability to arrest for marijuana DUIs. Nonetheless, this is a developing area of the law that is subject to tremendous changes depending on the results of the election season.
Many people are confused at the state of the law in Pennsylvania regarding medical marijuana and the ability to operate a motor vehicle. They figure that because they were able to get a prescription they can therefore drive or operate a motor vehicle while on that prescription. This is a false assumption, and the law still has not been cleared up. Driving while THC is in your blood is currently still illegal, and is likely to always be illegal depending on the amount.
To make matters even worse, it is known within the medical community that THC can stay in your blood for multiple days. It can also stay in your hair and fat cells for even longer. Therefore, smoking or ingesting marijuana in the morning may not save you at all from criminal charges in the evening, after law enforcement conducts a blood draw.
DUI charges can be a serious impediment on your life and can have highly negative impacts on your ability to maintain employment and your family’s well-being. Additionally, as of 2024, a DUI controlled substance violation can result in a year license suspension. I can help. Contact me and I may be able to explain any legal defenses you have as well as represent you in a pending DUI matter.
