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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.

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oldschoolskater t1_jdcfqjc wrote

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.

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ILikeMyGrassBlue t1_jddji7m wrote

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.

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oldschoolskater t1_jddkhgw wrote

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.

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Aggravating_Foot_528 t1_jde4qr6 wrote

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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