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

But when it comes to driving while under the influence of marijuana, states are a bit all over the place. For example, there are six states in all that impose limits on how much THC (the primary psychoactive ingredient in cannabis) a driver may have in his or her system before he or she is deemed impaired. Twelve states have zero tolerance policies, which means any amount of THC in a driver’s blood is going to be used as proof the driver was impaired. The majority of states don’t have any concrete laws concerning marijuana and motorists, say the Governors Highway Safety Association (GHSA).

The primary issue is the point at which a driver is considered “impaired.” A recent analysis conducted by Nerdwallet revealed that while the standards ascertaining intoxication vary wildly, the one thing any driver arrested for driving under the influence of marijuana can expect: Higher auto insurance rates.

Drivers convicted of operating a vehicle under the influence of marijuana are going to pay court costs and fines, drug treatment program costs, probably a driver’s license reinstatement fee and other penalties. A single first-time offense can easily result in several thousand dollars lost – an expense most people can scarcely afford. All that seems especially unfair when we know that the process for determining impairment is so unreliable. Unlike alcohol, which is processed quickly through the bloodstream, THC lingers in the body for days or even weeks. That means someone who used the drug a week ago could still have it in his or her system, even though they are in no way impaired and even when they are consuming the drug for medicinal purposes.

In California, auto insurance rates were the most keenly affected by a medical marijuana DUI. The average driver in California with a clean driving record is going to pay about $1,133 annually on car insurance. By contrast, an average driver who has one conviction for driving under the influence of drugs is going to pay about $2,636 a year – a 132 percent increase. Someone with a second driving under the influence of drugs conviction is going to pay about $2,985 a year for car insurance, which is another 13 percent increase, and a 163 percent increase from the original. That’s more than anywhere else in the country.

Some drivers think that they may be better off simply pleading guilty to spare themselves the legal expenses. But when you look at it like this, that conviction ends up being more costly than it might have seemed at first blush. Plus, many drivers facing DUI charges overlook the fact that there are a host of valid and often successful defenses that can be employed, particularly in a case that alleges marijuana intoxication. Again, it all goes back to the arbitrary nature of those aforementioned THC limits. California doesn’t have any such limits, but prosecutors will still often argue that any marijuana in one’s system is proof of impairment. It’s not.

If you are 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:

A Few Hundred Good Reasons to Avoid a Marijuana DUI, Aug. 16, 2016, By Alex Glenn, NerdWallet

More Blog Entries:

Marijuana Legalization and Employer Drug-Testing Policies, Aug. 4, 2016, L.A. Marijuana Lawyer Blog