Pennsylvania lawmakers have introduced a pair bills that would prevent police from accusing medical cannabis patients of impaired driving without proof.
The Senate version is from Sen. Camera Bartolotta, (R), cleared the Senate Transportation Committee with amendments in a unanimous decision last week.
A House bill sponsored Rep. Christopher Rabb, (D), that is written differently but aims to achieve the exact same goal, was approved by the Transportation Committee of that chamber, 14-10.
Bartolotta stated that the measure — , an earlier version of the same measure was also advanced last year—is intended to close a ‘loophole’ in Pennsylvania’s medical cannabis laws that allows law enforcement to currently arrest and prosecute individuals for driving while under the influence without having to demonstrate that they are impaired.
In 2016, we legalized medicinal cannabis use for a variety of conditions. The senator stated that we were careful to craft the language carefully in order to avoid unintended effects. Since then, it’s become clear that we missed an important aspect.
She noted that most states, even those that do not allow medical marijuana, demand proof of impairment in DUI cases. Pennsylvania’s law, however, maintains that cannabis will be considered a Schedule I substance for impaired driving purposes regardless of whether a person is a registered medical marijuana patient.
This has led to cases where people were charged with DUI after being stopped by the police and identifying themselves as medical cannabis patients. They then had to submit to a test which showed that there was inactive THC, which could remain in their systems for weeks or days after they used marijuana.
Bartolotta stated that “no one should have to go through this if they use medical cannabis legally and responsibly in Pennsylvania.” It is time to correct this grave oversight.
The bill, as amended by the committee, states that for medical cannabis patients who are able to drive safely, operate a vehicle, or be physically in control, “proof is required of actual impairment.” A medical marijuana certificate “shall not be sufficient evidence” for a conviction.
A medical cannabis card cannot be used to accuse a person of DUI or to force them to take a drug test.
The bill also states that it will not interfere with the enforcement of marijuana laws for drivers who are federally regulated and operate commercial vehicles or busses.
Both the Senate and House bills would require police to rely upon standard field sobriety testing and drug recognition experts in order to determine whether a medical cannabis patient was driving while under the influence.
The House legislation, which cleared committee, was amended to include language requested by State Police and Pennsylvania Department of Transportation, that clarifies, like the Senate version of the bill, that commercial drivers who are licensed or contracted with the federal government do not qualify for protection.
Rabb, who sponsored the bill, told the hearing last week that he took the issue very seriously because he is the father of a young driver. “I take this very seriously as the father of a new driver,” Rabb, the sponsor, said during last week’s hearing.
The lawmaker stated that he did not expect to have any problems when he became himself a medical marijuana patient, because he does not use intoxicating substances, follows the law of the state, and does no drive impaired.
He said: “I was incorrect.” He noted that since he first introduced his bill, he had received “a flurry” messages from medical marijuana patients, describing how their lives have been “turned upside down” after they were accused of DUIs without any proof of impairment.
He said that the bill was designed to create a level playing field for all medications. “Medical cannabis should not be illegal. But it is. One standard. “One standard”
His bill would amend the criminal code of the state to clarify that medical marijuana is not a Schedule I substance in DUI suspicions, except for commercial drivers who are licensed.
Just now, my #cannabisDUI was passed by the #PAHouse Transportation Cmte with bipartisan support.
This bill protects the 100s of thousands of law-abiding, UNIMPAIRED PA drivers who are responsible #medicalcannabis users from wrongful #DUI arrests.#cannabis pic.twitter.com/Gavev4wUlZ
Rep. Chris Rabb December 11, 2020
Rabb also secured a reform of the medical cannabis DUI as an amendment in a large-scale transport bill that was passed by the entire House in 2020. This bill, however, was never passed.
The final days of 2023 saw both the Senate and House approve their latest proposals in the respective committees. The members are expected to return to session in February. After that, the bills can continue to progress, but at some point, the chambers will need to reconcile their differing languages.
Bartolotta wrote on X, formerly Twitter, on Tuesday that she is “very encouraged” by the fact that her bill will be “put up for a voting as soon as we return.”
My bill has passed out of the committee and now awaits a Senate floor vote. We’ll be back in session in February, and I feel confident that the bill will be voted on as soon as we return.
— Camera Bartolotta
(@CameraForSenate) December 19, 2023
Although the reform seems to be moving forward, supporters remain frustrated by the fact that the divided legislature has not yet enacted a broader legalization of marijuana, particularly as neighboring States implement their own adult use markets.
As momentum grew, last week a Pennsylvania House Committee conducted a second hearing on marijuana legalization. Pennsylvania’s Governor and U.S. Senator John Fetterman, D-PA, have both said that it is time to change Pennsylvania’s marijuana laws after Ohio’s decision to legalize recreational cannabis last month.
Fetterman recently said that state marijuana policy is “lapped”, as neighboring states legalize.
Bartolotta and Sharif Street, a pro-legalization senator, are seeking separate co-sponsors to make a modest change. They have circulated a proposal that would decriminalize cannabis through a downgrading of simple possession from misdemeanor offenses to civil offenses.
Meanwhile, Gov. Josh Shapiro, a Democrat, signed a law last week that allows all licensed medical marijuana grower/processors to act as retailers in the state and sell their cannabis product directly to patients. Dispensaries can also begin growing their own marijuana.
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The article Pennsylvania Lawmakers Approve bills to protect medical cannabis patients from DUI charges first appeared on Marijuana moment.
