Submitted by [deleted] t3_11z9m3j in Pennsylvania
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Submitted by [deleted] t3_11z9m3j in Pennsylvania
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Have you consulted a lawyer yet? I can't imagine any logical thinking sane judge could uphold a DUI against somebody who actually is not under the influence. I'm surprised this hasn't been pushed all the way to the PA supreme Court and settled.
The law in PA is very clear. 1ng/ml of THC in your blood = DUI. Actual impairment is irrelevant to the law because of how it’s written.
https://norml.org/laws/drugged-driving/pennsylvania-drugged-driving/?amp
An SC case wouldn’t go anywhere because that’s the lay of the law, and it’s not conflicting with anything in the state constitution. You’re basically SOL, outside of negotiating a better deal.
Some lawmakers have been trying to fix the DUI law, especially for MMJ card holders, but none of them have passed yet.
Yep. I get it. It's funny that you aren't actually under the influence per say but you have evidence that a drug was in your system. If they could figure out a way to tell that you used alcohol at some point in the last few weeks they could get people on that too. Then they can get a lot more DUI charges. Lol. Sarcasm of course.
Laws written well before mmj but no one wants to change it in the legislature. Also not great data on what level causes impairment.
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Follow the $$$
>Pennsylvania law says if you have any amount of marijuana in your system, you can be charged with a DUI, even if you are a medical marijuana patient and you’re not impaired.
https://www.wtae.com/article/medical-marijuana-dui-charge/41835001#
r/PAMedicalMarijuana is the best bet for all your questions.
Find one of the shady "doctors" on line. Do a zoom consultation and tell them you're afraid of heights or you have hiccups or some shit, pay them. Card shows up in the mail a week or so later
I get it's easy for a script. Can cops give me a DUI just for having one? And is it true I can't keep my license to carry?
Law Enforcement in PA does not have access to the DOH database of cannabis card holders. The DOH will not share that information with them it is protected info, the only way the cops will know is if you tell them or they see your weed card. I just don’t keep mine anywhere near my license. As for concealed carry, I wouldn’t none of the law around it is settled yet.
Yes, you can get a DUI even if you aren't high. If a cop suspects you could be, aka sees your med card at a traffic stop or you are in an accident, they can drug test you. THC can be in your system days to weeks after last use, depending on how often you use it. State law currently allows them to charge you with a DUI, despite no proof of current intoxication.
That said, I've had my card for going on 4 years without an issue.
Yes for DUI if you show your card to the officer (generally shouldn't do that, but could see edge situations in which one might choose to, such as being caught with cannabis during a stop) and Yes true for the license to carry.
Worse, can't even legally possess a gun at all under federal law. The reply below is incorrect. While the state legislature can debate state law regarding concealed carry, that doesn't change federal law, which doesn't permit possessing a gun at all.
Many will point out police can't easily access the cannabis card database. Correct. However, if one is caught in a situation involving a firearm, such as using in self-defense or the firearm is stolen and used in a crime by someone else, the issue could come up. Admittedly the risk is small, but very real. Federal law needs to be changed. Until then it's legally one or the other. Card or gun.
Cops could get a warrant to get the cannabis database info.
I believe the license to carry issue is being debated on in the legislature now.
I feel even a half decent lawyer could get you out of a thc DUI. They aren't going to blood test you for every little traffic violation
The state can’t do jack shit about the license to carry issue. The problem there is with federal law. The best the state can do is say they’re going to ignore it, but you’d still be breaking the law regardless, and the fed could still theoretically come after all those people (though that’s incredibly unlikely).
You cannot get a dui just for having a card. That said, dui blood tests often include one for marijuana metabolites. These chemicals remain in the blood long after ingestion, presumably after the "high" is gone. A positive result can get you a dui. The dui law is based on marijuana being a federal schedule 1 drug, supposedly having no valid medical use. As far as I'm aware, there is no acceptable "therapeutic level" of thc regarding dui. You're taking your chances, even long after use. I'd suggest not driving after ingesting, and not keeping the card or medication in the vehicle. Also don't advise police you have a card. This will greatly reduce the odds of being tested. Of course, if you have a CDL, or are involved in a serious or fatal accident, you may be subject to testing anyway.
and don't drive in such a way that a cop will pull you over for looking impaired. and don't have shit in your car that makes them suspect you've been using. It's quite simple.
Correct
I don't use and whenever I've been pulled over I've never been suspected of DUI.
I think people leave weed out in view of the cops, or the car smells like weed, etc etc. It's like having an open container in the car.
Put it all in the trunk and you have much more plausible deniability. However with how much weed I smell while driving or biking coming from other cars, a lot of people use while driving.
Green Bridge Society can walk you through the process. It's very easy. Just look them up and email them. It's going to cost $150 or more the first time.
As far as the police, if you get pulled over and they smell or see it, or you look high AF then yes, you're subject to a DUI. However they do not know you are a patient by just running your name and license #
Wow, those comments are all over the place. No, you cannot get a DUI for having a card. What will get you the DUI is failing the tests associated with usage. Really the card just protects you from being arrested in PA for possession of what the card gets you.
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Why don’t you just use the state website instead of relying on hearsay.
If every thread gives different answers, then maybe reddit isn't the place to go looking for answers. Check the state website and/or an authorized prescriber.
yes, if you are driving impaired you can get a DUI no matter what it's from, even with a weed card. having a MMJ car doesn't give you the right to drive impaired.
Not what he’s asking
vogelsyn t1_jdbsjpa wrote
I got a DUI 9:30am Monday morning, on my way to work at the tax office. Wasn't high that day. Passed the field test. Then a blood draw. PSP in small towns are horror stories.
And yeah, no concealed carry permits with weed cards. Apparently using some Sched 1 drug "marihuana" is worse than the heroin like oxy pills. or the Adderall amphetamines. go figure.