Pennsylvania House Passes Protections from DUIs for Medical Marijuana Cardholders

BREAKING NEWS: On Wednesday, October 21st, 2020, the Pennsylvania House of Representatives approved a groundbreaking amendment that helps to protect state Medical Marijuana cardholders from being penalized by existing DUI laws. Prior to the change in legislation, cardholders could be convicted of driving under the influence of a controlled subject if THC was detected in their bloodstream – even though marijuana is present in the body long after any possible impairment and traces of the substance do not indicate immediate impairment.


Now, MMJ users are exempt from DUI charges as long as the substance is used legally and in accordance with the state’s laws. In his speech on the floor of the capital prior to the vote, Representative Ed Gainey stated, “I think we’re putting an undue burden on the people of Pennsylvania if we’re saying this is what we want to do after we fought so hard to pass medical marijuana and we know what it’s done to help the people of Pennsylvania.


Since PA legalized medical marijuana, MMJ cardholders were beholden to outdated laws and regulations that no longer applied to the changing landscape of cannabis in the state. After all, THC can be present in the bloodstream weeks after initial use and possible impairment. What’s more, studies conducted in recent years demonstrate that those who drive under the legal THC limit (usually between two to five nanograms of THC per millimeter of blood, though this varies state to state) are no more likely to get into an accident than those without the substance in their system.


The new ruling not only helps to legitimize the use of cannabis for a variety of medical uses but helps cardholders breathe a bit easier, knowing that their drive to work or to the grocery store will no longer be plagued by the fear of arrest for having marijuana in their bloodstream.
If you’re interested in learning more about Medical Marijuana in Pennsylvania or New Jersey please visit or call us at 215.336.8000.