Pennsylvania enforces a zero-tolerance policy for driving under the influence of marijuana. Under the state's "per se" DUI laws, individuals can be charged with a DUI if they have ANY detectable amount of THC or its metabolites in their system, regardless of actual impairment. This means that even if you're not high at the time of driving, the presence of THC in your blood can lead to a DUI charge.
For medical marijuana patients, this law poses significant challenges. THC metabolites can remain in the body for days or even weeks after use, leading to potential DUI charges long after the effects have worn off. This has raised concerns among the approximately 700,000 medical marijuana cardholders in Pennsylvania, as they risk DUI charges despite not being impaired.
Penalties for Marijuana DUI in Pennsylvania
The penalties for a marijuana-related DUI in Pennsylvania are severe and escalate with each offense:
First Offense: Ungraded misdemeanor, mandatory minimum of 72 hours in jail, 12-month license suspension, and a $1,000 fine.
Second Offense: First-degree misdemeanor, mandatory minimum of 90 days in jail, 18-month license suspension, and a $1,500 fine.
Third Offense: Third-degree felony, mandatory minimum of 1 year in prison, 18-month license suspension, and a $2,500 fine.
These penalties apply regardless of whether the individual was actually impaired at the time of driving.
The Law Office of John B. Pike: Experienced DUI Defense in Northeastern Pennsylvania
If you're facing a marijuana-related DUI charge in Pennsylvania, it's crucial to have knowledgeable legal representation. Attorney John B. Pike, based in Kingston, PA, has over 35 years of experience in criminal defense, including extensive work with DUI cases.
Attorney Pike is admitted to practice in several courts, including the Supreme Court of Pennsylvania and the U.S. District Courts for the Middle and Western Districts of Pennsylvania. His military service as a Judge Advocate General's Corps officer further underscores his commitment to justice and legal excellence.
Navigating Pennsylvania's stringent DUI laws, especially concerning marijuana use, requires a clear understanding of the legal landscape and experienced legal counsel. With ongoing legislative efforts aiming to reform these laws, staying informed is essential. If you find yourself facing a marijuana-related DUI charge, consulting with seasoned attorneys like John B. Pike can make a significant difference in your case.
