Medical marijuana is slowly becoming legalized in various states, including Pennsylvania. This is a controversial move. One of the concerns that people against this change have voiced involves people driving under the influence of marijuana. Even though medical marijuana has been legalized, it is still illegal to drive after or while smoking marijuana. If you have received a DUI due to marijuana, Ciccarelli Law Offices can help you.
Current Marijuana Law in Pennsylvania
Pennsylvania still sees medical marijuana as a Schedule 1 controlled substance. So even if it is legal to consume, it is still one of the substances that you cannot consume while behind the wheel. Alcohol-related driving laws follow a set concentration that can be in your system while you are operating a vehicle. However, Pennsylvania law currently states that you cannot have any THC in your system while you are driving.
Pennsylvania has not yet established a method of consistently measuring marijuana influence on the roads. Therefore, reasonable suspicion is often determined by the subjective judgment of the police officer who pulls over an individual. This can lead to inaccuracy, because it is difficult for police officers to determine how influenced a person is simply by looking at them.
People Request an Adjustment
Many people believe that the laws still need to be adjusted. Currently, someone with a medical marijuana prescription could be charged with driving under the influence even if they do not have a very concentrated amount of THC in their system. This poses a serious problem for people with prescriptions for medical marijuana. DUI incidents due to alcohol are down in York County, but drug DUIs are increasing in numbers. Pennsylvania citizens are worried that this may have negative effects on the people who need to use medical marijuana and may lead the police to giving people DUIs who should not be getting them. Because medical marijuana should be equivalent to any other prescription drugs, which you can usually drive while using, in the eyes of many people, the law should change to reflect this reality.
Logistical Complications
Officials are still trying to find an effective way to measure THC levels in drivers. The Supreme Court ruled that blood tests were invasive and could not conducted unless a search warrant was present or the person volunteered.
In Pennsylvania, police only have two hours after a driver is stopped to get a blood test done. This rarely leaves the police with enough time to obtain a search warrant, so they can get the blood test done without necessitating arrest.
There is also difficulty with breathalyzer testing. Usually the most efficient way to measure alcohol impairment, a breathalyzer is the ideal tool for police with driving under the influence cases. However, this method does not work as well with marijuana. THC breathalyzers are in development but are not yet reliable forms of testing for police in the field.
Marijuana DUI Attorney
Though the laws will likely shift soon, you can still get pulled over and charged for driving under the influence of marijuana, regardless of your level of impairment. You are still at risk if you have a prescription from a doctor. These cases can be complicated. The lack of physical evidence can create a dangerous gray area that the court has to navigate. Ciccarelli Law Offices has extensive experience with DUI defense. We know how to fight these accusations, putting us one step ahead. With our team of Chester County DUI attorneys behind you, you will have a determined and knowledgeable group that will do all they can to win your case. Reach out to us today for a free consultation.
Contact Chester County DUI Defense Attorney
It may be possible to fight your Pennsylvania DUI charge and win, but you’ll never know if you plead guilty without first exploring your options. Ciccarelli Law Offices can review your case to determine whether the local Pennsylvania district attorney’s case has weaknesses that are open to challenge. We will prepare each case as though it is going to trial to insure preparation and thorough understanding and will take the case to trial if you are not satisfied with the resolution that is offered. We strive to be zealous advocates and always try to obtain the best results for our clients.
We are based in West Chester PA (Chester County) in Suburban Philadelphia and represent individuals charged with Drunk Driving, DUI, Driving After Imbibing cases Throughout Pennsylvania including but not limited to Philadelphia, Lancaster, Allentown, Oxford Exton Phoenixville Parkesburg Malvern Coatesville Lionville Chesterbrook Devon Newtown Square Glen Mills Pottstown Downingtown Kennett Square King of Prussia Paoli and beyond.
You deserve a West Chester Pennsylvania DUI lawyer that is available when you need him, treats you with respect, and protects your rights vigorously. For more information or to schedule an appointment with an experienced Pennsylvania DUI Attorney at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.