Pennsylvania Bill Would Protect Cannabis Patients from DUI Just for Testing Positive for Cannabis

A bill proposed in the Pennsylvania House last week would protect medical cannabis patients from being charged with driving under the influence charges simply for testing positive for THC, Capitol Wire reports. The measure only covers Pennsylvania-registered medical cannabis patients and does not protect drivers who ate impaired by cannabis whether they are medical cannabis patients or not. 

In a cosponsor memo, state Reps Chris Rabb (D) and Aaron Kaufer (R), said medical cannabis patients “regularly” contact their offices “concerned that state law makes it illegal for them to drive.” 

“In 2016, the PA General Assembly voted to legalize medicinal use of cannabis. Sadly, the legislature failed to provide these patients the same privileges afforded to others who have legal prescriptions for a scheduled medication.” — Rabb and Kaufer, in the memo, via Capitol Wire 

Pennsylvania is one of only a few states with zero tolerance for driving under the influence of controlled substances; 33 states, including those with no legal access to cannabis, require proof of actual impairment, the report says. 

Similar legislation was introduced last year but did not move out of the House Transportation Committee. The Senate Transportation Committee last year approved a bill that aimed to resolve the conflict between state DUI law and medical cannabis law but the legislation did not get put up to a vote by the chamber.