Much of what I write about here deals with the licensing and legal analysis of the biology, botany, and chemistry of cannabis. However, this blog aims to inform medical cannabis users of their rights. In the past, I’ve discussed the rights of medical cannabis users in the employment context. Today, I’m addressing Pennsylvania’s Driving Under the Influence (“DUI”) laws due to recent confusion and the desperate need to clarify how medical cannabis users can handle these laws.

All too often, I hear stories of lawful medical cannabis users in Pennsylvania being pulled over and disclosing their medical cannabis card. This situation opens a metaphorical can of worms due to the complexities of the law.

Understanding Section 3802(d)(1)(i) of the Motor Vehicle Code

Section 3802(d)(1)(i) of the Motor Vehicle Code prohibits driving, operating, or exercising physical control over the movement of a vehicle when there is any amount of a Schedule I controlled substance, or a metabolite of that substance, in your blood. Currently, both Pennsylvania and federal law classify marijuana and related cannabis products as Schedule I controlled substances. This issue is nuanced, as marijuana and cannabis can remain in the bloodstream for longer periods of time than other regulated and controlled substances. However, it is important to note that:

1. It is illegal to operate a vehicle while high- even for medical use cardholders and
2. The confusion related to DUIs regarding proof is that alcohol does not usually remain in one’s bloodstream days after consumption, but marijuana could (and in particular for frequent users).

While it is certainly illegal to operate a vehicle under the influence of these drugs, whether medical or recreational, the most perplexing aspect is that in effect, Pennsylvania law does not require proof that you were driving high. A police officer does not need to provide evidence you were high while driving. Instead, the officer must show reasonable suspicion that you were under the influence of drugs.

Legal Advice for Medical Cannabis Users

If you are pulled over, the best approach is to disclose as little information as possible. Be very polite during the interaction and remember that you're not obligated to answer questions or provide information beyond your name, driver’s license, proof of insurance, and registration. Resist the urge to be helpful, even if the officer acts suspicious. Of course you should never lie to the police; instead, limit the information you disclose – you should not voluntarily disclose you are a medical cannabis cardholder.

Admitting that you are a medical cannabis patient can give police reason to suspect that your blood contains at least trace amounts of cannabinoid chemicals – which is possible even for cardholders who are not currently under the influence. This suspicion can lead to several consequences:

• Blood Test Request: Police can ask you to submit to a blood test. Refusal means an automatic one-year suspension of your driver’s license.
• Probable Cause and Warrants: If police convince a judge there is probable cause to believe you have been using cannabis, they can obtain a warrant to compel a blood draw.

Challenging DUI Arrest Evidence

A lawyer can try to challenge the evidence in a DUI arrest by filing a motion to suppress the results of a blood test, arguing that police didn’t have probable cause to take you into custody and obtain a blood sample. Additionally, questioning the toxicologist about whether the testing device was properly calibrated is another strategy to ensure that all legal procedures were correctly followed.

Best Practices for Medical Cannabis Users

The easiest way to avoid complications is to avoid disclosing your status as a medical cannabis cardholder if pulled over. By understanding your Constitutional rights and the nuances of Pennsylvania’s DUI laws, you can better navigate these challenging situations as a medical cannabis user.