Taking A Stand For Medical Marijuana Users

The Cummings Law Firm is taking a stand to protect medical marijuana users. Did you know that in the state of Pennsylvania, even if you are legally using medical marijuana, you could still receive a DUI?

There are two types of Drug DUI laws. The first type is based on impairment. This means that drugs, even if they are prescribed, need to be proven to have significantly affected and directly contributed to your inability to drive safely.

The second type makes it illegal to drive with any controlled substance in your bloodstream. Marijuana is still listed as a "Controlled Schedule I Substance", which would cause it fall into this second type of law. In the state of Pennsylvania it is illegal to drive with any amount of a Schedule 1 Controlled Substance in your system.

Unfortunately, marijuana can be detected in bodily fluids for several weeks after the last use. Since the law currently has no protection for legally-prescribed medical marijuana, it's treated like any other schedule 1 controlled substance in your system. In the event that you get pulled over, even if you are completely sober, simply detecting marijuana in your system will be enough to convict you of a DUI, medically prescribed or not.

This means that those who are prescribed medical marijuana will not be able to drive without risking a DUI, even while having a medical marijuana card. At the Cummings Law Firm, we believe this is unconstitutional, and Attorney Joshua S. Maines, recently interviewed by The Progress, is fighting to change this law for medical marijuana users throughout the state of Pennsylvania.

Medical marijuana users deserve the same protections and rights given to other users of prescribed drugs and it's time to change these outdated DUI laws. Courts should have to prove that a person is actually impaired while driving using medical marijuana. Not just that they have used or are using medical marijuana.

Without this change, it could mean that cancer patients, people with severe pain, arthritis, and other conditions will have to choose between using a medication that helps them live a normal life or driving with the constant fear of getting a DUI. We at the Cummings Law Firm want to make a difference. We believe in helping our clients protect their rights, and we are very proud to have one of our own attorneys fighting to make a positive change to this unconstitutional law!

Our team is dedicated to meeting the needs of our clients. This involves more than simply knowing the law. It includes understanding people and serving clients with loyalty and as a team. We will always do our part to protect our clients and their rights even if it means taking a matter to the supreme court to ensure they get fair treatment. If you need help with a medical marijuana DUI or know someone who does, please give us a call at (814) 765-9611.

Posted in Criminal Defense, DUI on Oct 05, 2020.

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