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Will Pennsylvania’s Medical Marijuana Legislation Lead to Changes in DUI Law?

It has now been more than a year since the state of Pennsylvania legalized the use of medical marijuana. All people who use medical marijuana in the state must follow warnings about using the substance and driving, and also must carry their medical marijuana cards with them wherever they go. Any drivers using medical marijuana would be subject to the same treatment as those who are under the influence of other legally prescribed drugs while behind the wheel.

While some lawmakers and law enforcement officials expressed concern about the effect of legalized medical marijuana on impaired driving rates, so far, local authorities have not seen these problems come to fruition.

Some push for changes to DUI laws

Pennsylvania law enforcement officials say there are still improvements that can be made to state law, providing greater clarity as to what is and is not allowed for those who have a valid medical marijuana card.

Advocates of medical marijuana would also like to see some changes to the law that would better protect patients using the substance for treatment. Currently, medical marijuana is classified in the same category as other types of street drugs. THC can remain in a user’s system for 30 days or more, so there’s a chance a person could be pulled over and tested for marijuana and not actually be under the influence, but have the presence of THC in his or her blood detected as THC or as metabolite of THC in violation of the DUI law.

For the reliable legal advice you need when accused of DUI in Pennsylvania, meet with experienced DUI defense attorney David R. Eshelman.


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