5/16/22

Marijuana-Related DUI’s In PA: What You Need to Know and What You Need To Do

 Pennsylvania’s Medical Marijuana Program (2016 Act 16) was enacted in 2018 while New Jersey allows full Recreational Marijuana Use, Possession and Sale (as of April 2022). But ….

BE WARNED! Despite the changing local marijuana laws, DUI Enforcement in Pennsylvania is Harsh and More Prevalent Than Ever!

What You Need To Know:

(1) Marijuana-Related DUI’s Are Prosecuted At The Highest Tier in Pennsylvania

Marijuana-related DUIs are treated as being equal to an Alcohol B.A.C. (Blood Alcohol Content) of .16, the highest prosecution tier (75 PA.C.S.A. § 3802 (d)). This means that for a First Offense Marijuana-related DUI, the penalty is a mandatory 3-day jail term, $1,000 fine (minimum), and a 12-month Driver's License Suspension.

For a Second Offense (within 10 years), the penalty is a mandatory 90-day jail term, $1,500 fine (minimum), an 18-month Driver's License Suspension, and 1-Year Ignition Interlock.

A Third Offense is even worse: Mandatory 1-Year Jail Term, $2,500 fine (minimum), an 18-month Driver's License Suspension and 1-Year Ignition Interlock following release.

(2) Pennsylvania Is An “Any Amount” of Marijuana Metabolite State

This means you can be convicted of DUI if even trace amounts of THC or metabolites are found in your blood. While New Jersey requires evidence of actual impairment for conviction and other states have metabolite threshold amounts, in Pennsylvania you can be convicted for a Marijuana-Related DUI days or even weeks after last ingestion!

What You Need To Do:

When You Get Stopped You’re Afraid. And If You Are Even Slightly Impaired, It’s Worse. You Need A Plan Before You Are Stopped.

(1) Don’t Drive After Ingesting Marijuana

If you MUST drive, stop ingesting Marijuana 5-7 hours before you drive, when scientific studies show the effects fully wear off.

(2) Do Not Bring Marijuana & Paraphernalia Into Your Car

If you do, put it out of plain sight. If the police ask to search your car, ask "what is the probable cause for the search?" and tell them you want to call a lawyer.

(3) Drive Carefully

This may seem obvious yet it includes ensuring your vehicle is in good working order and your license, inspection sticker and tag are up to date. Most Marijuana-Related DUI’s are charged after routine traffic stops for things like broken headlights or expired inspection stickers. This is even more important for minorities who are disproportionately arrested for Marijuana-Related DUI’s.

(4) If Stopped, Do Not Admit To Ingesting Marijuana

Many Marijuana-Related DUI charges occur when a person isn’t even impaired and simply admits to recent ingestion. You have no duty to make the case for the police. Instead, say “I don’t know my rights,” and “I want to speak to a lawyer,” before any sobriety test or if the police ask to search your car.

(5) Getting a Medical Marijuana Card Is Best If You Want to Ingest Marijuana in Pennsylvania But NEVER Tell The Police You Have One

It may seem better to just tell the police you have a Medical Marijuana Card. But remember - Pennsylvania is an “Any Amount” State. If you tell the police you have a card, they’ll assume you have marijuana metabolites in your blood. They can demand a blood test and get a conviction if even trace amounts of marijuana metabolites are detected. And if you refuse, it’s an automatic 1-Year Driver’s License Suspension under Pennsylvania’s Implied Consent Law (75 Pa.C.S.A. § 1547 (a)).

CALL L.O.J.R.Y. Today at (215) 892-6650 For An Experienced DUI Lawyer Who Can Win For You At Trial or Get You an Accelerated Rehabilitative Disposition (ARD) with Expungement.