Smoke medical marijuana and get a Pennsylvania DUI?

The Pennsylvania Superior Court just shocked the world with something we have written about over and over on this blog. If you smoke medical marijuana prescribed by a doctor in Pennsylvania and then then drive your car at any point in the next month you risk getting a DUI. Right now you are probably rejecting this story as clickbait, nonsense and looking to “x” out of this page. But this is absolutely accurate, as highlighted by the case of Commonwealth v. Dabney. We’ve known this for a long time, but no one else does.

If you are prescribed medical marijuana, did your doctor warn you that if you drove before it is out of your blood, probably 2-4 weeks, that you will get a DUI if the police request a blood sample? Do you know that?

The law will ultimately be changed, but it is insane, and proof of how insane our government is, that they did not change this law when they legalized medical marijuana. The worst part is that the people who get convicted in this situation have no idea they are doing anything illegal. But ignorance of the law cannot be used as a defense at trial. So it doesn’t matter. And that is just plain wrong. People who reasonably have no idea they are breaking the law should not be convicted of crimes. And incarcerated (many Pennsylvania DUI cases carry mandatory jail sentences).

So if you have a medical marijuana card what can you do to protect yourself? There is literally nothing you can do. Pennsylvania prohibits driving with any amount of THC or other marijuana byproducts in your blood. And it can stay in your blood for 2-4 weeks – there is no precise time it will leave.

“Well they won’t arrest me. I’m not a criminal.” Wrong. There is almost zero tolerance for DUI in most of Pennsylvania. If you speed or swerve and get pulled over, go through a checkpoint, or get into an accident, they will test your blood. And if you have any THC or other byproduct of marijuana in your blood you will be arrested.

“But the DA would exercise discretion. A Judge would see I’m not a criminal.” Wrong! If you read the recent opinion, Dabney had a medical marijuana card, but was arrested anyhow. And convicted. And then the Pennsylvania Superior Court upheld that conviction on appeal.

Crazy but true.