Pennsylvania State Representative Christopher Rabb has introduced a bill seeking to protect responsible drivers who are also authorized medical cannabis patients from being charged with DUIs.
In a memo, Rabb noted that his state voted in 2016 to legalize medical use of cannabis but it has yet to provide nearly 500,000 Pennsylvanians with medical cannabis cards the same privileges afforded to others who have legal prescriptions for a scheduled medication.
"Since then, many medical cannabis patients have shared their horror stories about being arrested and convicted of driving under the influence of cannabis (DUI) without any proof of impairment," he said, adding that a 2022 PA Superior Court ruling affirmed that singling out unimpaired drivers with cannabis in their systems violates equal protection provisions contained in our state’s Medical Marijuana Act of 2016.
"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," he said. "While this legislation protects medical cannabis patients, it does not extend to any illegal cannabis use – nor does it protect impaired drivers. It applies to approved patients with a non-commercial driver’s license who use medical cannabis legally -- and are not impaired – the same as with any other prescription medication."
