Rep. Sheryl Delozier (R-Cumberland) is working on a bill that would exempt medical marijuana patients from an overbearing law that prevents them from ever being allowed to drive, according to The Inquirer. The move comes as Pennsylvania Department of Health is in the process of implementing the state’s medical marijuana program.

PA Code Title 75, Sec. 3802, as it currently stands, states: “An individual may not drive, operate or be in actual physical control of the movement of a vehicle … (if) there is in the individual’s blood any amount of a Schedule I controlled substance.” Just as under the federal Controlled Substances Act, Pennsylvania also has cannabis listed under their own Controlled Substance, Drug, Device and Cosmetic Act as a Schedule I narcotic, right alongside heroin, peyote, mescaline and the like.To call the current law far-reaching is a wild understatement. Unlike many other substances, marijuana can stay in a person’s blood for up to 15 days, which means anyone who consumes cannabis in any quantity would be barred from driving in Pennsylvania for about two weeks. Of course it’s absurd to believe that because the drug is simply in one’s blood that they remain high for the entire duration. It has been documented that the effects of cannabis will last roughly a few hours, depending on the quantity consumed, how it was ingested, and the tolerance level of the person. Edibles, for example, might still be having an effect six hours later. Meanwhile, the effects of inhaling could wear off in as little as one hour, according to Herb, though even that can vary between smoking and vaping.

Driving while under the influence to the point of impairment is never ok, and such laws should be enforced in all states. By nature marijuana is different than alcohol, however, in that it is difficult to test for on the spot. This inexact science has made lawmakers overly cautious, leading to blanket laws like this one that try to hide behind the classification of a whole group of drugs to strip the privileges of swaths of people rather than develop a proper testing system.

Though it’s true cannabis levels cannot be easily determined, impairment tests can still be administered, which is really the issue at hand. If a police officer believes a person should not be driving a vehicle, it’s likely because they have demonstrated some sign of impairment. California Highway Patrol train their officers in a 12-step examination, including field sobriety tests, blood pressure, and pulse. Just like alcohol, there are levels of cannabis that can be present without impairment, but it will take more fine tuning to be able to screen for and determine these levels.

The inexact measurements law enforcement officials are using make it essential that you speak with our experienced Riverside marijuana DUI lawyers should you find yourself facing criminal charges. Free and loose standards for enforcement are not fair to responsible marijuana users, and you deserve the best defense possible. Don’t let a judge or jury decide your fate without one of our trusted attorneys by your side.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients, defendants, workers and those facing criminal marijuana charges. Call us at 949-375-4734.

Additional Resources:

For Police, Catching Stoned Drivers Isn’t So Easy, March 22, 2018, By James Queally and Sarah Parvini, Los Angeles Times

More Blog Entries:

Marijuana DUI Enforcement in Los Angeles, Nov. 4, 2017, Cannabis Law Group

The state wanted to change the reputation that California is the Wild West in terms of marijuana laws and business, and they moved to create an agency to regulate medical marijuana. As this was occurring, Proposition 64 was passed by a majority of voters, making marijuana legal for recreational use as well as medicinal. As our Los Angeles medical marijuana attorneys can explain, when Proposition 64 passed, the state wanted to incorporate the soon to be create state marijuana agency into handling the cultivation, distribution, and sale of marijuana for recreational use as well. This caused the state to draft even more proposals and this led to numerous bills being brought forth. While it seemed like the state had done all it was going to do with respect to streamlining marijuana regulation, this was not the case, as evidenced by the latest massive set of marijuana regulations.

There are still other pieces of legislation that pertain to marijuana being drafted by the new California Bureau of Medical Cannabis Regulations, but much of this will have more of an effect on marijuana farming. For example, there is a new bill in the works that deals with what types of pesticides can be used when cultivating medical marijuana crops.

Driving with Marijuana in Your Car

One of the major areas of regulation in this new bill deals with whether you can drive with marijuana in your car. If you were driving with an open container of alcohol in your car, you could be assessed a $100 fine. This is essentially what the state has decided to do with marijuana. If you have an open container of marijuana in the passenger compartment of your vehicle, you could be assessed a $100 fine. In the case of marijuana, and open contain is a literally a container that is open or the factory seal has been broken, in the case of vape cartridges. However, it appears that if you put the items in your trunk, you will be okay.

There is also an exception for medical marijuana patients. Pursuant to this exception, you must keep your marijuana in a closed container, but it does not matter if the factory seal has been broken or the container has been previously opened, so long as it is closed at the time you are driving if you are pulled over or go though some type of check point. It is our hope that there will not be marijuana checkpoints for vehicles.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

When can you drive with weed in your car? A consumer guide to California marijuana laws, June 15, 2017, By Taryn Luna, Sacramento Bee

More Blog Entries: Report: Colorado Marijuana Laws May Not be Safe, Feb. 5, 2017, L.A. Marijuana Lawyer Blog

The devices, the brainchild of an Oakland emergency room doctor and reserve police officer for the Alameda County Sheriff’s Office, are expected to be distributed nationally sometime next year.

During initial field tests, drivers who were spotted driving in an erratic fashion were pulled over by Alameda sheriff’s deputies – including the creator of the device – who then and those drivers voluntarily agreed to breathe into the contraption. Two individuals admitted to smoking the drug within a half hour before the traffic stop, and their breathalyzer readouts were reportedly much higher than for the other drivers. In other drivers who admitted to using in the last three hours, the device also tested positive for the presence of THC.

No one involved in the experiment was actually arrested, and officials say that wasn’t the goal – yet. Right now, they are in the testing phase to see how well it works. The sheriff’s office also said it wanted to educate those who were pulled over. Although there were no arrests made for marijuana impairment, those who tested positive were not allowed to continue driving and had to find another ride home. One drunk driver was arrested.

If the device proves effective and becomes widely used, it could prove a game-changer. That’s because right now, there is really no scientifically accepted method of testing for a marijuana high. Blood tests can show whether a person has consumed marijuana, but because the active ingredient stays in the human body for so long, there is no way to ascertain when the drug was actually consumed – a major factor in proving intoxication. Frequent users of the drug – including L.A. medical marijuana patients – are going to test positive for high levels of THC in their blood, even if they aren’t actually impaired.

Although none of the drivers stopped in this most round of testing had consumed edible marijuana recently, the creator of the device said it’s been tried on users who consumed both marijuana gummy bears and marijuana brownies, and was successful. It’s pretty well established that the high of edible marijuana is delayed, but it may be detectable on a person’s breath for a longer period of time.

Still, these devices still need to undergo a fair amount of testing. The creator conceded the need for more laboratory tests confirming the accuracy of the device, particularly as it relates to the level of the drug detected on a person’s breath. Law enforcement agencies are being recruited to help the company collect data on the road to determine whether these devices are accurate and feasible for regular use. The devices will be sent out to six different departments over the next six months.

Other companies are racing to come up with other kinds of technology. One proposal involves a fingertip sweat test.

Our medical marijuana attorneys are skeptical. The technology is newer. It hasn’t been thoroughly tested. We’re talking about potentially depriving people of their lives and livelihoods on the basis of what is essentially still an experiment.

If you have been arrested for marijuana DUI in L.A., we can help.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Pot Breathalyzer Hits the Street, Sept. 13, 2016, By Steven Nelson, U.S. News & World Report

More Blog Entries:

Report: California Arrested 500k People in 10 Years for Marijuana, Sept. 5, 2016, Marijuana DUI Defense Lawyer Blog