Medical Marijuana: Does it Protect You from DUI Charges?

The legal status of medical marijuana in Pennsylvania is a bit tangled! On the one hand, it is considered a Schedule I substance and is therefore considered illegal. On the other hand, the Medical Marijuana Act (MMA) of Pennsylvania offers you the right to consume medical marijuana if you’re suffering from epilepsy, cancer, etc.

However, remember that marijuana is still considered a Schedule I substance, and therefore, if you’re pulled over by the cops and the chemical tests detect THC in your system, you might be charged with a DUI, even if you are perfectly in your senses!

So, if you, or a loved one, have been charged with a DUI for medical marijuana usage, make sure to resort to us at the Logue Law Group and seek guidance from our Pittsburgh criminal lawyers immediately. Certain statutes have been recently updated, which these professionals can make use of for your protection.

Medical Marijuana vs Alcohol- Understanding the Differences

Alcohol reacts with your body in a wholly different way than cannabis does. If you’re drunk, there are breath analyzers that can accurately measure your Blood Alcohol Content (BAC) levels. And there’s a certain level of BAC after which you become impaired.

However, when it comes to marijuana, it contains an element called ‘Tetrahydrocannabinol’ (THC)- the ingredient that causes the ‘high’. THC affects you a little differently. Besides that, THC remains in your body for days, weeks, and even months! So, if you are a consistent user, you will always have some amount of THC running on your blood, urine, or hair!

But the presence of THC doesn’t necessarily mean you are intoxicated! In fact, a definitive link between a specific THC level and driving impairment is not yet established. Still, what makes such situations difficult for medical cannabis users is Pennsylvania’s zero-tolerance policy for DUI. PA Code § 3802(d) makes no exception for medical marijuana patients. So, the presence of any Schedule I substance metabolite in your system is sufficient for a DUI offense.

So, Can You be Charged with a DUI?

Unfortunately, even if you are a medical marijuana user, you cannot use that as a defense against your DUI charge! That’s because there is no exception or defense built into the law for such cases.

So, if you’ve been charged with a DUI for medical marijuana, stop panicking and call up a Pittsburgh criminal lawyer from the Logue Law Group right away. We will take a deep look at the following facts of your case to build a robust defense strategy-

• Whether you are a registered medical marijuana user.
• The exact dose of marijuana you use and at what time of the day you use it.
• The results from those chemical tests.
• Observations of the arresting officer.
• Dash-cam footage.
• The results from the Field Sobriety Tests.

Now, if our expert Pittsburgh criminal lawyers find out that there is no evidence of your intoxication, we will push the prosecutor to dismiss the case.

Not just that, but our experienced Pittsburgh criminal lawyers can also prove that your marijuana usage was absolutely legal (on medical grounds), and the amount of THC found in your system was not enough to impair your abilities.

We at the Logue Law Group dedicate ourselves to extracting the best outcome for our clients. So, if you, or someone you know, has been held for marijuana-related DUI charges, call us at 844.PITT.DUI and schedule a free consultation with our expert lawyers today!