How Can I Be Charged with a First Offense Marijuana DUI in Harrisburg Even Though I Bought It and Smoked It Legally in Maryland?

If you’re asking yourself this question, you’re not alone. This is a common confusion many face after being charged with a marijuana DUI in Harrisburg, even though they legally purchased and consumed it in a neighboring state. The short answer: jurisdiction and different state laws matter. At The McShane Firm, we’re here to help clarify this issue and provide expert legal defense. Don’t hesitate to call us right now.

As many are aware, marijuana laws vary from state to state. In Maryland, recreational use of marijuana is legal. However, in Pennsylvania, it’s a different story. Marijuana is classified as a Schedule I drug, and its use is restricted to medicinal purposes only. This means that, regardless of where you consumed marijuana, if you’re driving in Pennsylvania with any detectable amount of marijuana metabolite in your blood, you could face a DUI charge.

 

This may seem puzzling, especially since you acted within the bounds of the law in Maryland. However, as soon as you cross state lines, you become subject to the laws of the state you’re in – and Pennsylvania law is unequivocal on this matter. No level of marijuana impairment needs to be proven in PA for a DUI conviction, only the presence of the substance in your system.

 

If this is your first offense, you might be eligible for the Accelerated Rehabilitative Disposition (ARD) program, an alternative for first-time offenders that could result in the dismissal and expungement of your charges upon successful completion. However, successfully navigating the ARD program, or arguing your case, requires an experienced legal hand. This is where The McShane Firm can be your key ally.

 

At The McShane Firm, we specialize in DUI defense and have extensive knowledge of the nuances of Pennsylvania’s DUI laws. Our team of experienced attorneys can help you comprehend your charges, understand your rights, and strategize your defense. We aim to provide the best possible legal counsel and fight passionately for your rights.

 

Facing a first offense marijuana DUI charge in Harrisburg can be daunting, but you don’t have to face it alone. The McShane Firm stands ready to assist, to decipher the complexities of the law, and to work tirelessly towards a positive outcome. Reach out to us today, and let’s start building your defense together.

Our Clients are entitled to a Bill of Rights which states:

  • Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
  • Our clients have the right to expect plain speaking, straight shooting. No B. S.
  • Our clients have the right to expect us to do it right the first time, every time.
  • Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
  • Our clients have the right to expect that they will be fully informed at all times.

This is our promise to you. Call today to get us on your side: (717) 657-3900.

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.