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A Pennsylvania state lawmaker has introduced legislation that would protect registered medical cannabis patients from DUI charges unless there is proof that they were impaired while driving. Under current Pennsylvania law, medical cannabis patients can be charged with DUI offenses if they test positive for any amount of cannabis metabolites, even if there is no evidence of impairment.
Under a bill introduced in the Pennsylvania General Assembly by Democratic state Rep. Chris Rabb on March 5, patients registered with the state’s medical cannabis program would be protected from such charges without evidence of impairment. The measure (House Bill 878) would amend state statute so that the presence of cannabis metabolites alone could not be used as evidence of impaired driving against registered medical cannabis patients. Patients holding commercial driver’s licenses would not be protected by the legislation, however.
Lawmaker Cites Patient ‘Horror Stories’
Earlier this month, Rabb sent a co-sponsorship memo to his colleagues in the House of Representatives seeking support for the legislation. The memo notes that since the legalization of medical cannabis in Pennsylvania, many registered patients have “shared their horror stories about being arrested and convicted of driving under the influence of cannabis without any proof of impairment.”
“That is why this legislation (formerly HB 983) is being introduced yet again, as the current law must be amended to allow responsible drivers who are also medical cannabis patients to operate a motor vehicle legally,” Rabb wrote. “While this legislation protects medical cannabis patients, it does not extend to any illegal cannabis use – nor does it protect impaired drivers.”
Rabb introduced similar legislation for the 2023-2024 legislative session. The bill was approved in committee but failed to gain a vote by the full House.
In a brief on the previous version of Rabb’s bill, the Pennsylvania chapter of the American Civil Liberties Union noted that among the approximately 700,000 Pennsylvanians who are registered medical cannabis patients, “not a single one of them can lawfully drive.”
The civil rights protection organization wrote that the legislation “strikes a rational balance between holding impaired drivers accountable and permitting nearly three-quarters of a million Pennsylvanians, many of whom are prescribed medical marijuana for a disability, the right to drive.”
Rabb also attempted to protect medical cannabis patients from DUI charges in 2021 with an amendment to a broad transportation bill, according to a report from online cannabis news outlet Marijuana Moment. The amendment was pulled, however, when the bill’s Republican sponsor withdrew his support due to opposition from the Pennsylvania State Troopers Association.
“Nine years after legalizing medical cannabis for patients, we still have not addressed this fundamental flaw in our law, which could jail someone for driving weeks after taking their medication,” Rabb said in a press release about the new bill. “Yet, we as a government are more than happy to cash in on the tax revenue generated by medical cannabis. It’s perverse but easily corrected. This legislation will set things right.”
“I believe that people with a medical need for cannabis, who have acted courageously to seek help for their medical condition and have been granted use of medical cannabis, should be protected from DUI penalties for their legal medical cannabis use,” he added.
“A medical cannabis user can take a minuscule amount of medicine for their ailment and weeks later, with traces of cannabis still in their system, be subject to arrest on a DUI charge if pulled over—not because they’ve driven impaired, but because our state laws haven’t caught up with the science,” Rabb continued. “It’s time for Pennsylvania to modernize its laws and protect patients who are doing nothing wrong.”
Rabb’s bill has been referred to the House Transportation Committee for consideration.
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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
