If legislation is approved in Pennsylvania, medical marijuana patients will no longer face DUI charges solely based on THC detection in their tests, according to the Pittsburgh Post-Gazette. However, this does not permit medically authorized users to drive while impaired, nor does it extend protections to recreational users.
The proposed bill seeks to rectify an issue that has persisted since the legalization of cannabis. THC can remain detectable in urine for up to 30 days, and even longer—up to 90 days for heavy users. Arresting individuals for DUIs based on THC alone is analogous to penalizing someone for alcohol they drank weeks prior. Unlike cocaine, which clears out of your system in roughly three days, and heroin or meth, which last about six days, cannabis poses unique challenges in drug testing.
Cannabis is widely recognized as relatively safe, and studies, including recent research in Canada, show that its legalization does not increase traffic accidents. Nonetheless, there is a legitimate public concern over impaired driving. Current laws in Pennsylvania allow law enforcement to charge individuals with DUIs if any marijuana usage is detected, without regard to actual impairment or timing of use.
“In 2016, Pennsylvania’s General Assembly passed legislation to allow medical cannabis. Regrettably, they did not afford these patients the same rights as those with legal prescriptions for other controlled medications,” state a joint memo from Rep. Chris Rabb, D-Philadelphia, and Rep. Aaron Kaufer, R-Luzerne. They note that medicinal cannabis users often express concern over the legal implications of driving under state laws.
Pennsylvania remains one of the few states with a zero-tolerance stance on controlled substances while driving. However, thirty-three other states require evidence of impairment at the time of a traffic stop. Previous attempts to amend this policy in Pennsylvania have stalled in legislative committees, including a notable effort during the last session that did not advance beyond the Transportation Committee. Senate Bill 167, which also sought to address this issue, was approved by the Senate Transportation Committee but failed to progress to a Senate vote before the end of the 2021-22 legislative session.
“At a Senate Transportation Committee meeting last September, Pennsylvania State Police officials testified that changing this law would not compromise their efforts to maintain road safety,” remarked Sen. Camera Bartolotta, R-Washington, lead sponsor of SB 167, reports the Pittsburgh Post-Gazette. With over 425,000 residents certified to use medical marijuana in Pennsylvania, the resolution of this issue is eagerly awaited.
Efforts to reform cannabis laws continue in Pennsylvania, with Senators Mike Regan, R-Cumberland, and James Brewster, D-McKeesport, recently proposing legislation to allow doctors to prescribe medical cannabis for any condition, moving beyond the current restrictive list. Pennsylvania remains notably distinct on the map of states with legalized adult-use cannabis.
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