Marijuana Metabolites and Driving Under the Influence / Driving After Imbibing (DUI/DAI) in Pennsylvania

In Pennsylvania, it is illegal to drive under the influence of marijuana or any other controlled substance. If a driver is found to have marijuana metabolites in their system while operating a vehicle, they can be charged with a DUI.

Pennsylvania's DUI laws do not distinguish between alcohol and drugs, including marijuana. Penalties for a DUI involving marijuana metabolites are similar to those for a DUI involving alcohol, and depend on the tier system mentioned earlier and the number of prior offenses.

It's worth noting that Pennsylvania law does not set a specific threshold for marijuana metabolites in the blood, so any detectable amount may be used as evidence of impairment. Additionally, a driver can still be charged with a DUI if they have a medical marijuana card, as the law prohibits driving under the influence of any controlled substance.

Notably, there is a conflict between Pennsylvania's DUI laws and its medical marijuana program. While the state allows for the use of medical marijuana, it also has a zero-tolerance policy for driving under the influence of any controlled substance, including marijuana. This means that even if a driver has a valid medical marijuana card, they can still be charged with a DUI if they are found to be impaired while operating a vehicle.

This conflict is not unique to Pennsylvania and is a common issue in states that have legalized medical or recreational marijuana use. It can create confusion and uncertainty for patients who use medical marijuana to manage their symptoms, as they may be unsure of how their medication will affect their ability to drive legally.

To address this issue, some states have set specific legal limits for the amount of THC (the psychoactive component of marijuana) that a driver can have in their system before being charged with a DUI. However, Pennsylvania has not yet established such a threshold for marijuana metabolites in the blood. As a result, individuals who use medical marijuana in Pennsylvania should be aware of the potential risks and consequences of driving while under the influence.

This is because Pennsylvania's DUI laws do not distinguish between the various components of marijuana, and instead have a zero-tolerance policy for driving under the influence of any controlled substance, including marijuana and its metabolites.

In other states, there have been cases involving metabolites of marijuana where the driver argued that they were not impaired at the time of the arrest, despite the presence of THC or its metabolites in their system. However, these cases are often complex and can be difficult to prove, as the effects of marijuana can vary depending on various factors, including the individual's tolerance, the method of ingestion, and the concentration of THC or its metabolites in their system.

It's important to note that even if a driver is not impaired at the time of the arrest, the presence of marijuana metabolites in their system can still result in a DUI charge in Pennsylvania. As such, it's essential to be aware of the potential risks and consequences of driving after using marijuana or any other controlled substance.