Recent PA Court Ruling on Medical Marijuana: A Schedule I Drug in DUI Cases

Court Rules You Can be Charged and Convicted of DUI of Drugs for using Medical Marijuana

medicinal marijuana / cannibisMany medical marijuana users in Pennsylvania are in shock over the recent ruling in early May 2022 that says the legal medicine they have been prescribed could mean they are at risk for being charged with Driving Under the Influence (DUI) in Pennsylvania.

If a person is charged with DUI drugs in PA and have no other controlled substance or alcohol in their blood, they could still face the maximum penalties as a person with the highest rate of blood alcohol content (BAC) level. Penalties include a one year license suspension, up to six months in jail and a heavy fine (first offense).

Many people say they are not impaired at the time of their arrest. However, trace amounts of marijuana and metabolites can stay in the blood stream for days after use, long after a person is considered “impaired” or “high”.

Even though Schedule I drugs are defined by the United States Drug Enforcement Agency (DEA) as “drugs with no currently accepted medical use and a high potential for abuse”, medical marijuana is still classified as a Schedule I controlled substance, as is heroin, meth and ecstasy.

The ruling made by the Pennsylvania Superior Court was in rejection to an appeal of a DUI case, in which the defendant was charged with DUI after initially being pulled over for illegally speeding.

In the ruling (Commonwealth v. Dabney)  May 5 ruling, Judge D. Kunselman wrote a 17 page opinion which says “medical marijuana remains a Schedule I controlled substance,” and that “no conflict exists between the Medical Marijuana Act and the Vehicle Code.”

She also added that the Medical Marijuana Act “did not remove marijuana from the list of Schedule I controlled substances.”

The defendant, Dabney, argued that marijuana ingested, pursuant to the Medical Marijuana Act, 35 P.S. §§ 10231.101, is not a controlled substance within the meaning of the Controlled Substance, Drug, Device and Cosmetic Act, and therefore he could not be prosecuted for DUI under 75 Pa.C.S.A. § 3802(d)(1) based on medical marijuana in his blood.

Read the full ruling here. Read about the case in the York Daily Record.

This ruling holds precedence and will have an effect on other similar DUI cases involving medical marijuana in Pennsylvania. There are over 400,000 legal registered users of medical marijuana in Pennsylvania.

Is there anything that can be done if you are charged with DUI of Medical Marijuana in PA?

First, anyone charged with a crime has the right to fight against the charges – DUI cases are fought and won every day in court. Having an experienced attorney who has successfully taken on and won hundreds of DUI cases can help.

Second, you could be eligible to apply for a pardon. In late 2020, lawmakers in the Pennsylvania House voted to amend the DUI law to decriminalize trace amounts of marijuana for legal medical marijuana users. However, the Pennsylvania State Senate has yet to take measures to vote on it and move it to the Governor’s desk. Until then, there is a possibility of being charged with DUI.

However, the Pennsylvania Board of Pardons recently established an expedited review program for non-violent marijuana offenders in Pennsylvania. Under this program, people who are legally allowed to use medicinal marijuana and who have been charged with DUI, are eligible to apply for a pardon.

An Arrest is Not a Conviction

If you were charged with DUI of marijuana in Pennsylvania or are facing marijuana charges or other drug charges, contact our experienced Pittsburgh DUI and Drug Lawyers for a free consultation. Our attorneys can either help you apply for a pardon or fight the charges, depending on your circumstances.

If the cops catch you, call Ketchel

PITTSBURGH DRUG LAWYERS

KETCHEL LAW 

Call 412-456-1221 for a free consultation

If you have been charged with a crime in Pennsylvania, contact Ketchel Law today.

Our number one goal is to have your charges dismissed and your record clean.

Learn more about Marijuana Laws in Pennsylvania

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Can the cops search your vehicle if they smell marijuana?

Pennsylvania Supreme Court to Hear Case Involving Cannabis Odor and Vehicle Searches

Is the smell of cannabis probable cause for the police to search your vehicle?

That is the question up for debate this week in the Pennsylvania Supreme Court. In Commonwealth v. Barr II, the defendant was charged with illegally owning a firearm after police searched his vehicle because they initially smelled marijuana coming from the vehicle.

PA marijuana vehicle smell lawsThis case could have greater implications on anyone who may be smoking marijuana in public. For instance, the way the law works currently, the smell of marijuana inside a vehicle could prompt a DUI arrest. As thousands of people in Pennsylvania are allowed to smoke medical marijuana, the line is blurred between legalities.

Recently cities in Pennsylvania have begun decriminalizing marijuana, issuing only small fines and seizing the drugs for illegally smoking marijuana. However, in most parts of Pennsylvania, you could still receive a $500 fine and 30 days in jail for illegal marijuana use.

Whether or not the smell of marijuana can legally provoke a vehicle search during a traffic stop is an important detail for anyone charged with a crime stemming from that search. 

If you have a pending marijuana case or were recently charged with marijuana possession or marijuana PWID, contact Pittsburgh Marijuana Attorney Justin Ketchel to get more information on your rights and Pennsylvania’s marijuana laws.

Attorney Ketchel can provide a free phone consultation.

If the cops catch you, call Ketchel.

PENNSYLVANIA MARIJUANA LAWYERS

KETCHEL LAW 

Call 412-456-1221 for a free consultation

If you have been charged with a crime in Pennsylvania, contact Ketchel Law today.

Our number one goal is to have your charges dismissed and your record clean.

_____________________

FREE LEGAL CONSULTATION

We offer free legal consultations to anyone charged with a crime. Call us today to find out how we can help defend your rights.

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Marijuana Reform—Federal and PA Changes Could Happen Soon

Federal Marijuana Reform: How it Could Impact Pennsylvania Marijuana Laws

The MORE Act and Pennsylvania Cannabis Laws

Federal Marijuana Reform

Nearing the end of its session in late 2020, the U.S. House of Representatives passed a bill that would decriminalize marijuana on a federal level, as well as provide a pathway to erase nonviolent federal marijuana convictions.

The Marijuana Opportunity Reinvestment and Expungement Act, or MORE Act, would remove marijuana from the federal classification of a Schedule 1 drug, like heroin and cocaine.

marijuana—cannabis—reform—pennsylvania—federalThe passing of the MORE Act is mostly symbolic, as it wasn’t considered by the Senate before the end of its session.  This means it will need to be reintroduced and pass both the House (again) and the Senate in the next session of Congress.  [Further, the MORE Act is unlikely to make it through a Republican-controlled U.S. Senate.]

However, if the MORE Act becomes law and marijuana is removed from Schedule I of the Controlled Substances Act, it is up to the states to enact statutes and regulations to govern the industry.

Some states have started to move towards decriminalization, and certain cities, like Pittsburgh, Harrisburg, Erie and State College, have already begun decriminalizing marijuana in Pennsylvania.

Learn more about penalties for different schedules of drugs in Pennsylvania.

Pennsylvania Marijuana Law Trends

Medical Marijuana Regulation

Pennsylvania currently allows marijuana to be used for medical purposes only.

In October 2020, the Pennsylvania House passed a bill to amend the commonwealth’s DUI law to decriminalize driving while traces of marijuana are still in the system of legal medical-marijuana users.  The amended bill states that an individual may not drive under a controlled substance, with the exception of “marijuana used lawfully in accordance with the act of April 17, 2016, known as the Medical Marijuana Act.”

In Pennsylvania, the current laws and provisions related to driving while under the influence of alcohol or substances, aka DUI, criminalize driving while tetrahydrocannabinol (THC), a component of marijuana, is still in a driver’s system, even if it has been weeks after ingestion. This also applies if a driver is a legal medical cannabis user.  The legislation passed the House in a 109-93 vote, and now heads to the Senate for consideration.

Read the Pennsylvania Medical Marijuana Act.

Recreational Marijuana Regulation

The use of marijuana for recreational purposes is illegal in Pennsylvania.  While marijuana possession is a crime under Pennsylvania law, various local jurisdictions throughout the state have passed ordinances that “decriminalize” the possession of small amounts of marijuana.

This includes Pittsburgh, where possessing 30 grams or less is treated as a civil violation (as opposed to a criminal offense) that carries a $25 fine.

In addition, in late 2020, New Jersey lawmakers passed a bill legalizing recreational marijuana, launching a legal marijuana industry in the Garden State. As a result, neighboring states like New York and Pennsylvania are under growing pressure to follow suit to avoid losing out on millions in revenue from marijuana sales.

Read more about decriminalization of marijuana in Pennsylvania.

Know Your Rights: Marijuana Possession Charges

Although attitudes about marijuana are changing rapidly, the use of marijuana without a medical purpose is still illegal in Pennsylvania.

Know your rights by reading our article on Marijuana / Cannabis Possession Charges in Pennsylvania.

Learn more about pardons / expungement for non-violent marijuana convictions in PA.

If you are in need of an experienced Pittsburgh Marijuana Lawyer Contact Attorney Ketchel for a free consultation.

 

PENNSYLVANIA DRUG CRIME LAWYERS

KETCHEL LAW 

CALL 412-456-1221 FOR A FREE LEGAL CASE EVALUATION

If you have been charged with a drug crime or marijuana possession in Pennsylvania, contact Ketchel Law today. Our number one goal is to have your charges dismissed and your record clean.

_____________________

FREE LEGAL CONSULTATION

We offer free legal consultations to anyone charged with a crime. Call us today to find out how we can help defend your rights.

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Decriminalization of Marijuana in Pennsylvania

What is the current marijuana / cannabis decriminalization and legalization status in Pennsylvania?

In Pennsylvania, recreational marijuana, or cannabis, is still illegal, although several cities have passed ordinances decriminalizing marijuana.

cannabis laws pittsburghSeveral cities have decriminalized marijuana, including Pittsburgh, Philadelphia, Harrisburg, Steelton, York, State College, Erie, Lancaster, Bethlehem and Upper Darby Township. Even so, arrests for marijuana are still high.

Decriminalization does not mean that marijuana is legal, it only means that the penalties are not as severe as previously. A person can still be arrested for a small amount of marijuana.

In addition, if a person has been convicted of non-violent marijuana offenses, they may apply for a pardon for a marijuana conviction in Pennsylvania.

Decriminalization of Marijuana

While recreational marijuana is illegal in Pennsylvania, and there is no current state-wide ordinance to decriminalize marijuana, there is, however, a big push right now by the Governor and Lieutenant Governor to legalize marijuana and expunge past marijuana-related criminal records.

In October 2019, state senators introduced Senate Bill 350, which would allow for several provisions including:

  • Use of marijuana permitted by adults over the age of 21;
  • Providing automatic expungement of previous criminal marijuana-related convictions, a dismissal of and pending charges and commutation of sentences;
  • Allows for home delivery of cannabis from dispensaries to homes;
  • Permits people to grow up to 10 plants for personal use in their homes.

 This bill has not yet been brought to vote, and therefore, marijuana is still an illegal substance.

Penalties for a small amount of Marijuana in Pittsburgh

In Pittsburgh, small amounts of marijuana or hashish was decriminalized, beginning in 2016. This is not the same as marijuana being legal—a person can still be arrested for marijuana, and the smell of it is enough to prompt a DUI during a traffic stop.

As long as there is less than 30 grams of marijuana or less than eight grams of hash, the police may still issue a $25 fine and seize the drugs. If a person is found smoking marijuana, the fine could be $100. If a larger quantity of drugs is discovered, more severe penalties can occur.

Previously, the penalty for possession of a small amount of marijuana in Pennsylvania was 30 days in jail and a $500 fine.

If you were charged with a small amount of marijuana in Pittsburgh, contact a Pittsburgh Marijuana Lawyer for a free legal consultation.

Is Medical Marijuana Legal in Pennsylvania?

Beginning in 2018, medical marijuana is legal in PA, with 163,000 people holding state-issued medical marijuana cards and 76 marijuana dispensaries, or state-permitted marijuana retailers.

It is illegal to be intoxicated by marijuana while driving, and many people who are legally allowed to use marijuana can be arrested for DUI of marijuana, even if they only inhaled a small amount.

 

PENNSYLVANIA DRUG CRIME LAWYERS

KETCHEL LAW 

CALL 412-456-1221 FOR A FREE LEGAL CASE EVALUATION

If you have been charged with a drug crime or marijuana possession in Pennsylvania, contact Ketchel Law today. Our number one goal is to have your charges dismissed and your record clean.

_____________________

FREE LEGAL CONSULTATION

We offer free legal consultations to anyone charged with a crime. Call us today to find out how we can help defend your rights.

Learn more about Ketchel Law:

 

Pardons for Marijuana Convictions in Pennsylvania

New Expedited Review Program for Pardons on Non-Violent Marijuana Specific Convictions

A recent update to the pardoning system in Pennsylvania can benefit anyone who has been convicted of non-violent marijuana charges.

Weed Expungement PennsylvaniaPennsylvania Lieutenant Governor John Fetterman is encouraging anyone who has been convicted of non-violent marijuana offenses to apply for a pardon.

This expedited pardons process, which takes effect immediately for people with marijuana convictions, ranges from misdemeanor possession to non-violent felonies.

Although marijuana possession in Pennsylvania is still illegal, a majority of Pennsylvanians, including the current Governor, are in favor of legalization. It is estimated that between 65 and 70 percent of Pennsylvanians endorse legalizing marijuana.

“We now know the majority of Pennsylvanians are in favor of legalization, and that includes me,” Gov. Wolf said in a public statement.

What is a Pardon?

When someone has been convicted of a misdemeanor or felony charge, the only way to have that charge completely forgiven by the state is to go through the clemency process. The clemency process is what is better known as applying for a Governor’s Pardon or Commutation.

A pardon relieves an individual of the consequences resulting from a conviction. A pardon constitutes total forgiveness by the state, and makes the crime as if it never happened.

Where to Apply for a Pardon in Pennsylvania

The Pennsylvania Board of Pardons (BOP) is the entity that has the authority to make recommendations to the Governor for pardons. Generally, the process to be granted a pardon takes years to complete. It starts with the filing of an application, after which it can take years before a hearing is granted.

Recently, the Pennsylvania Board of Pardons (BOP) has established an expedited review program for non-violent marijuana-specific convictions. Under this new expedited program for non-violent marijuana convictions—instead of a typical 2½-year wait—a person could have their cases expunged in less than one year.

This expedited review program puts an emphasis on accelerating the process for reviewing applications for pardons for these types of offenses. Under the new expedited process, the BOP has the goal of evaluating these types of pardon applications in a much quicker fashion.

There is no guarantee that applicants for this program will receive a favorable decision from the BOP. However, this program does speed up the process and it puts an emphasis on allowing applicants to demonstrate how a pardon of such an offense would improve the applicants overall quality of life.

Reasons to Apply for a Pardon

If you have criminal charges on your record, it makes it all the more difficult to find employment, apply for loans, find housing, etc. Having your record pardoned is as if the arrest and conviction never happened—your record will no longer be available for anyone to see with a basic background check.

Help with Applying for a Pardon

An experienced drug lawyer in Pennsylvania can help with the process of having your conviction pardoned. If you were convicted of a small amount of marijuana or are wondering whether you can have your record removed, call Attorney Justin Ketchel today for a free case evaluation.

If you have been charged with a drug crime or marijuana possession in Pennsylvania, contact Ketchel Law today. Our number one goal is to have your charges dismissed and your record clean.

Learn more about Federal marijuana reform and decriminalization of marijuana in Pennsylvania.

PENNSYLVANIA DRUG CRIME LAWYERS

KETCHEL LAW 

CALL 412-456-1221 FOR A FREE LEGAL CASE EVALUATION

_____________________

FREE LEGAL CONSULTATION

We offer free legal consultations to anyone charged with a crime. Call us today to find out how we can help defend your rights.

Learn more about Ketchel Law: