Introduction Driving under the influence (DUI) and driving under the influence of drugs (DUID) are significant public safety concerns that lawmakers and law enforcement agencies work tirelessly to address. While the need to deter and punish intoxicated drivers is undeniable, the per se theory of prosecution has sparked a debate about whether it adequately addresses…
read more »Tag: DUID Marijuana
As Fetterman continues his marijuana listening tour, what does legalization mean for DUI enforcement?
Lt. Gov. John Fetterman has recently started touring Pennsylvania to hold public forums on the legalization of marijuana. Fetterman is an advocate for legalization and Gov. Tom Wolfe has said it may be time for PA to legalize marijuana as well. (See also: Fetterman starts marijuana hearings in central Pennsylvania) But the question still remains,…
read more »
You can still get arrested for a Marijuana DUI
Even with the legalize pot movement gaining steam across the nation, you can still get arrested for a Marijuana DUI in PA. There have been a number of marijuana DUI cases recently in Harrisburg and the surrounding areas. Penalties for a Marijuana DUI The penalties of a Marijuana DUI are very serious. That is because…
read more »
The federal government broke its medical-marijuana promise
Despite many states legalizing the use of medical marijuana, the federal government still considers marijuana a Schedule I substance which makes possession of it completely illegal. Furthermore, promises to remove some of the procedural red tape which has been making it difficult for legal dispensaries to operate have not been fulfilled. There are also many…
read more »
Medical Marijuana in Pennsylvania
What is the new medical marijuana law in Pennsylvania? Act 16 of 2016, the Medical Marijuana Act, was signed in to law in April 2016. The purpose behind the legislation is to allow safe access of medical marijuana for the purpose of improving quality of life of those with serious medical conditions. The law also…
read more »
You can be charged with a DUI if you take Prescription Marijuana
Medical marijuana is currently not legal in PA. Just because marijuana has become legal in some states that does not mean that you will not be prosecuted for it in PA. This may especially cause a problem with the charge of DUI Drugs (DUID). That is because marijuana and its metabolites, including inactive metabolites, can…
read more »
Can a Police Officer Validly Detect Whether or Not You Have Been Smoking Marijuana?
Driving under the influence of marijuana is a serious crime. Getting caught can mean penalties like jail time, fines and license suspension. We’ve been asked many times before about the possibility of a cop smelling marijuana on you. Below are some considerations in view of this: Just because someone smells of smoke doesn’t necessarily mean…
read more »
Question: Can I be charged for a DUI if I take Prescription Marijuana?
While medical marijuana will be legal in about 18 to 24 months from now, it may cause a problem with the charge of DUI Drugs (DUID). That is because the inactive chemical (the metabolite) in marijuana (Delta 9 carboxy THC) can remain in the bloodstream for weeks. If a cop pulls you over you could…
read more » How smoking legal weed in another state can get you a DUI in Pennsylvania
With marijuana becoming legal in more and more states, it is important to discuss how those laws affect all those who drive in Pennsylvania. Under Pennsylvania law, driving with any level of Delta-9-THC (THC), 11-Hydroxy-Delta-9-THC (THC-OH), and/or 11-Nor-9-Carboxy-Delta-9-THC (THC-COOH) [beyond the published Department of Health minimal detectable levels] in your system is illegal and you can…
read more »
Does the Cop smelling marijuana really mean anything?
Another attorney recently emailed me asking me about what a cop smelling marijuana really means. It is a very interesting question because smell often comes up in cases involving alcohol and marijuana. Here are some thoughts: Just because someone’s clothes smell like marijuana (assuming that the cop identified it correctly which is not exactly a…
read more »