Court Rules You Can be Charged and Convicted of DUI of Drugs for using Medical Marijuana Many 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 …
pennsylvania
What are the Penalties for Drug Charges in Pennsylvania?
Let’s face the facts: a lot of people use drugs. Nearly 12% of people over 12 years of age used drugs or misused prescription drugs in the United States in the last year, according to the CDC. More than a million people are arrested for drug possession in the United States every year, and Pennsylvania …
Pennsylvania Court Rules Smell of Marijuana Alone Does Not Justify a Warrantless Search
Pennsylvania’s Supreme Court has ruled against making a warrantless search based solely on the smell of cannabis. The Supreme Court of Pennsylvania ruled that a state police search of a vehicle in 2018 occurred only due to the smell of marijuana. In Commonwealth v. Barr II, the defendant was charged with illegally owning a firearm after police …
Will You Lose Your License by Refusing a Breathalyzer or Blood Test After a DUI Arrest in Pennsylvania?
What Happens to Your License if you Refuse to Take a Breath or Blood Test in PA? It may go without saying that many people who are charged with DUI are not thinking clearly when they are pulled over by the police. This sometimes results in a refusal to take a breathalyzer or a blood …
Overturning Marijuana Convictions in Pennsylvania
Can your marijuana charges be expunged? Can you be pardoned for a marijuana conviction in Pennsylvania? The Pennsylvania Board of Pardons (BOP) recently established an expedited review program for non-violent marijuana-specific convictions, including possession of small amounts of marijuana for personal use, DUI of medical-marijuana, and Possession with Intent to Distribute Marijuana (PWID). While applicants …
Location Tracking, Cell Phone Data, and Your Rights
Can the Police Access Your Cell Phone Data? What are your privacy rights when it comes to mobile data and cell phone tracking information? Now that everyone owns a mobile device, it is very easy for cell phone companies to track real-time location, even if calls are not being made. They can also easily determine …
PA Law Gives Immunity to People Who Help a Friend During a Drug Overdose
If your friend or loved one has overdosed on drugs and you assist them in getting help, you can not be criminally charged, even if you were also using drugs (under most circumstances). This immunity also applies to anyone on probation or parole. This law is often referred to as the Pennsylvania Good Samaritan Overdose …
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 …
Reduced Sentencing for 2nd DUI Offense in Pennsylvania
Second-Time DUI Offenders May be Eligible for Reduced Sentence Will the New Pennsylvania Ruling Reduce Your DUI Penalties? If you were recently charged with a DUI offense in Pennsylvania and considered a “second-time offender” because you already completed the ARD program for a previous offense, you may be eligible to have your current sentence/punishment reduced. …
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. Several cities have decriminalized marijuana, including Pittsburgh, Philadelphia, Harrisburg, Steelton, York, State College, Erie, Lancaster, Bethlehem and Upper Darby Township. Even so, arrests for marijuana …