Pennsylvania House Passes Bill Addressing Medical Marijuana and DUI Laws

In a recent development, the Pennsylvania House has passed House Bill 983, authored by Christopher Rabb, aimed at amending DUI laws in the state. The bill seeks to address concerns related to individuals with medical marijuana cards facing wrongful DUI arrests, even when they are not impaired. While it has passed in the House, it’s important to note that it still needs to pass the Senate and be signed into law by the governor or not vetoed.

The primary focus of the bill is on leveling the playing field for medical marijuana users who possess non-commercial driver’s licenses. It aims to treat medical cannabis like any other prescribed medication, ensuring that it is not considered a Schedule One drug in suspected DUI cases, except for licensed commercial drivers.

Rabb acknowledged that over 30 states have updated their DUI laws to accommodate some form of cannabis use, but Pennsylvania currently maintains a zero-tolerance policy, which can pose challenges for hundreds of thousands of Pennsylvania drivers who are also medical cannabis patients.

It’s worth noting that if a person is under the influence of medical marijuana to the extent that it impairs their ability to operate a vehicle, they may still face a DUI charge, even with the new law.

The importance of this legislation lies in protecting the rights of individuals who use medical marijuana for disabilities, allowing them to drive without fear of unwarranted DUI charges. The bill is set to go into effect on February 9, 2024, pending further legislative approval. For more details on the bill, you can visit the Pennsylvania House website.

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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.