In Pennsylvania, the rules surrounding marijuana use and driving can be complicated, particularly for those who legally possess and use marijuana through the state’s Medical Marijuana Program. Though Pennsylvania has made it legal for registered patients to possess and use marijuana for approved medical conditions, legal patients still face challenges when driving or even simply transporting their prescribed marijuana.
One key issue for medical marijuana patients is Driving Under the Influence (DUI) charges. Pennsylvania’s DUI laws remain strict on controlled substances, including Tetrahydrocannabinol (THC), the active compound in marijuana. This means that even if a person is not exhibiting signs of impairment, they can still be charged with DUI if they have THC in their system. This places medical marijuana users in a difficult position: they may use their medication responsibly but still face legal risks if they drive while THC is in their bloodstream. THC can remain detectable in the body for days or even weeks, far beyond the period when its impairing effects wear off. However, Pennsylvania law does not yet distinguish between active impairment and the mere presence of THC in the bloodstream, unlike some other states. This puts patients in a position where they could be deemed legally “under the influence” without actually being impaired from a toxicological perspective.
It is also important to store medical marijuana in its original, labeled container while traveling, as possession in a different container can lead to complications if stopped by law enforcement. Even with a valid medical marijuana card, transporting marijuana in anything but its original prescription container can raise suspicions and potentially complicate a legal defense. Unlike an out-of-state Driver’s License, Pennsylvania does not currently recognize out-of-state medical marijuana cards. Therefore, even if someone is a registered medical marijuana patient in another state, possession of marijuana without a Pennsylvania card can lead to charges. This discrepancy between state laws often surprises out-of-state patients who may mistakenly assume that their medical marijuana status will be respected across state lines.
As Pennsylvania continues to develop its policies on marijuana use and driving, patients and legal users should take precautions. If you are a medical marijuana patient in Pennsylvania, avoid driving while THC might still be in your system and always transport your medication in its original container. And if you are visiting Pennsylvania from another state where you legally use marijuana – medical or recreational – be aware that possessing it in Pennsylvania without a Pennsylvania medical card could lead to legal trouble. Always stay informed and consider consulting a legal professional if you have questions about your rights and responsibilities as a medical marijuana user in Pennsylvania.
If you or someone that you know needs an aggressive, professional, experienced criminal defense attorney, the attorneys at Omnis Law Group, LLC are here to help. You can contact the firm online or call 484-81-OMNIS to set up your free consultation. Do not delay; the sooner you engage the services of a highly effective criminal defense attorney the better the case can turn out for you.
