Pennsylvania Bill Grants DUI Protection to Medical Cannabis Patients

Medical cannabis patients in Pennsylvania would have some protection from a DUI conviction if a bill making its way through the state legislature is passed and signed by Gov. Tom Wolf. The measure, Senate Bill 167, was approved by the Senate Transportation Committee by a vote of 13-0 last week.

If approved, the legislation, sponsored by state Senator Camera Bartolotta, would eliminate Pennsylvania’s zero-tolerance policy on THC, which has been used to penalize drivers who are registered medical cannabis patients without proof of impairment.

“Senate Bill 167 is urgently needed to protect the medical cannabis community as penalties for a controlled substance escalate significantly,” Bartolotta told the Transportation Committee ahead of last week’s vote.

Pennsylvania has more than 700,000 registered patients who have qualified to use medical cannabis since the medical marijuana program began in 2018. However, the state’s zero-tolerance drug law puts patients at risk whether or not they are under the influence of cannabis.

“Under current law, medical cannabis patients can be arrested, prosecuted and convicted – even if they are not impaired,” Bartolotta said. “SB167 will treat the medical cannabis patient similarly to one using a prescription narcotic by requiring proof that the motorist or patient is impaired and unable to drive a motor vehicle safely.”

Locked up for a busted taillight in Pennsylvania

State Senator Wayne Langerholc, the chair of the Senate Transportation Committee, said that under the state’s current DUI legislation, medical cannabis patients stopped by police for something as innocuous as a broken taillight could be issued a ticket simply for having a Doctor have marijuana ID card.

“I’ve read a lot of different legal review articles on this topic and … I think this type of approach takes a novel approach, maybe a groundbreaking approach, to address this,” Langerholc said.

Pittsburgh criminal defense attorney Patrick Nightingale told lawmakers at a September legislature hearing that medical cannabis patients risk losing their driver’s licenses or being put behind bars simply for getting behind the wheel.

“We’ve only been here for three years [medical marijuana] program and these patients will likely use medicinal cannabis for the rest of their lives,” he said. “They’re going to have a number two DUI and a number three DUI pretty soon, where they’re considering a one-year sentence for using drugs that the state said is 100% fine.”

Bartolotta noted that the state’s zero-tolerance policy is atypical across the country. She said 33 states, including some that have not legalized access to medical cannabis, require proof of impairment for a DUI conviction. Only 12 states, including Pennsylvania, have zero-tolerance laws for certain substances, including THC.

At the committee hearing, Bartolotta stressed that the legislation “does not give patients a free pass to drive if they are impaired by medical cannabis. The impaired motorist or patient, if convicted, must suffer the most serious consequences under our DUI laws.”

Langerholc, a former prosecutor, agreed, noting that “they will be held accountable in the same way as a person who used drugs [cannabis] without a proper prescription.”

In a departure from law enforcement’s usual stance on legislation reforming cannabis laws, the state police are not opposed to the bill being considered by legislatures.

“The Pennsylvania State Police remains committed to removing disabled drivers from our Commonwealth’s highways to reduce accidents and the injuries and deaths they cause,” said Maj. Robert J. Krol Jr., director of the PSP Bureau of Patrol, to the Transport Committee. “Nonetheless, based on our review of SB167, we believe that it generally has no adverse impact on road safety as it is a medical marijuana exemption.”

After approval by the Transportation Committee last week, the legislation now goes to the full Senate for consideration.