Pennsylvania Medical Marijuana DUI Cases

Added: 2026-05-25

[00:00:00]How does rescheduling to schedule three affect Pennsylvania medical marijuana patients in the context of a DUI charge?

[00:00:06]Well, it finally puts an end to our ridiculous zero tolerance DUI prosecution for cannabis consumers.

[00:00:14]Heretofore, any detectable amount of delta 9 THC or its metabolites, including non-psychoactive carboxy THC, was sufficient for a DUI arrest, prosecution, and conviction. However, a schedule three prescribed controlled substance is treated differently under Pennsylvania DUI law. In my opinion, medical cannabis as a schedule three controlled substance now is prosecuted under a subsection requiring proof of actual impairment. While delta 9 or blood test levels may still be admissible, but they do not require a per se conviction. It at the very least allows the motorist to present a defense that they were not impaired at the time of operating their motor vehicle. We have been trying for years to push an amendment to the Medical Marijuana Act or to Pennsylvania's DUI laws to reflect by rescheduling to schedule three, we now have these protections in place for Pennsylvania medical cannabis patients as they operate their motor vehicles.