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At Marc V. I know how to handle driving high allegations and focus on providing my clients with compassionate service. This zero-tolerance policy applies regardless of whether you have a medical marijuana card or not. Under 'per se' laws, even trace amounts of THC can result in legal consequences. This can be particularly problematic for medical marijuana users who may have residual THC in their system long after the effects have worn off. It's important to understand that these laws do not consider the level of impairment, only the presence of THC. A conviction for a marijuana DUI can have severe consequences, including fines, license suspension, and even jail time. For medical marijuana users, this can be especially challenging, as it may impact their ability to access the medication they need. Under Pennsylvania law, any detectable amount of THC can lead to criminal charges. This means that there is no minimum threshold for prosecution, making it difficult for medical marijuana users to know how much is too much. THC can remain in your system for days or even weeks after use, depending on various factors such as metabolism, frequency of use, and the type of marijuana consumed. This makes it challenging for medical marijuana patients to ensure they are not driving with THC in their system. Law enforcement typically uses blood tests to detect THC levels. These tests can identify both active THC and its metabolites, which are byproducts of THC that remain in the body after the psychoactive effects have worn off. To minimize the risk of a DUI charge, medical marijuana users should be aware of how long THC stays in their system and plan their travel accordingly. This may involve waiting a certain period after using medical marijuana before driving. Your medical marijuana card is proof that you are legally allowed to use cannabis for medicinal purposes in Pennsylvania. However, it does not provide immunity from DUI charges. While having a medical marijuana card shows that you are using cannabis legally, it does not protect you from 'per se' DUI laws. Law enforcement can still charge you if THC is detected in your system. In court, the presence of a medical marijuana card does not negate the evidence of THC in your bloodstream. On the contrary, time and time again, people in Pennsylvania have been charged with DUI just for showing their medical marijuana card, implying that they may be impaired at the time of interaction with the police. But when the card is the only evidence in a criminal trial presented by the prosecution, the driver is more likely to fight the charges and avoid a conviction if they are represented by an attorney. In Pennsylvania, although you have the right to refuse a blood test for marijuana, refusing the test can have serious consequences. Pennsylvania operates under implied consent laws, meaning that by driving, you consent to chemical testing if suspected of DUI. Refusing a blood test can result in automatic penalties, including license suspension for 12 months for a first offense or 18 months if you have prior DUIs on your record or have refused testing in the past. Deciding whether to refuse a blood test is a tough decision that should be made with careful consideration. Any DUI is worth fighting. There are several defenses that medical marijuana users can employ if charged with a marijuana DUI. Understanding these defenses can help you build a strong case and protect your rights:. Challenging the test results. One common defense is to challenge the accuracy of the blood test results. Factors such as improper testing procedures, contamination, or the presence of only inactive metabolites can be used to question the validity of the results. Lack of impairment. Another defense is to argue that you were not impaired at the time of driving. Since 'per se' laws do not consider impairment, demonstrating that you were capable of driving safely can be a viable strategy. Medical necessity. In some cases, you may be able to argue that your use of medical marijuana was a medical necessity and that you took all reasonable precautions to avoid driving while impaired. Hiring a DUI defense attorney who understands medical marijuana laws can greatly enhance your chances of a successful defense. They can provide valuable insights and help you navigate the legal system effectively. If this is the situation you or someone you care about is in, do not hesitate to contact an attorney. Reach out to my office in Pittsburgh today to schedule a free telephone meeting. Allegheny Attorneys at Law, P. June 27, Understanding these defenses can help you build a strong case and protect your rights: Challenging the test results.

Cultivation of Marijuana Charges | Can You Grow Marijuana in Pennsylvania?

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As neighboring states change and update their marijuana and cannabis laws, it can be confusing to know what's legal in Pennsylvania. Here's everything you need to know. Everything else, even if purchased in a legal state, is a crime. Marijuana is still illegal in Pennsylvania. If you are caught for any of the offenses discussed in this guide, you will most likely be arrested by police in the state. Additionally, unless you are eligible for expungement or diversion programs, which allow people who are charged with their first crime to have their record cleared after completing counseling or community service, these crimes will remain on your criminal record for life. Marijuana is decriminalized in Philadelphia and Allegheny counties, which reduces the penalties for marijuana-related offenses to that of a civil violation. Civil violations do not show up on your criminal or driving record. If you have a medical marijuana card , then you have access to legal weed in the Commonwealth. Additionally, medical marijuana patients have to consume their own marijuana. That is, patients are only allowed to buy and consume marijuana bought at approved dispensaries in Pennsylvania. Adults ages 21 and older can buy and consume legal marijuana in New Jersey , but only in that state. Keep in mind, depending on how the marijuana is packaged, police could observe an intention to sell the marijuana. Did I just buy a large quantity of my favorite strain to keep at my house? Penalties and fines increase each time you are found guilty of selling marijuana again. Now, the sentencing guidelines increase depending on plant count or weight. If you are caught consuming marijuana by the police, then they will arrest you. The penalties are the same as for possession depending on how much marijuana you have. However, it is legal to smoke marijuana with less than. Penalties increase for second and subsequent convictions. Juvenile criminal records may be eligible for expungement , but not every individual or case is guaranteed one. According to the Defender Association of Philadelphia , even if expungement is possible, depending on the status of a case, it can take upwards of five years to resolve. Until your record is expunged, colleges, the military and employers could find out about the case. If you are caught by the police for a drug-related offense, you can be charged for a new crime and risk being incarcerated. Could be the year of legal weed in Pennsylvania? Can you fly out of Philly International with marijuana? Where you can buy recreational marijuana in New Jersey. What to know about buying legal N. How to get a medical marijuana card in Pennsylvania. Can I be evicted for using medical marijuana? Can I grow my own marijuana at home in New Jersey? Can I smoke weed legally at the Shore? How to read a cannabis product label. Are marijuana edibles legal in New Jersey? State recreational weed law says no. Were these products harmful all along? This article has been updated to correct information about the expungement of juvenile records and penalties for underage marijuana possession. Skip to content. Philly Tips. Share Icon. Link Icon. Facebook Logo. Link copied to clipboard. What you should know. You can be arrested for buying, selling, possessing, smoking, growing and driving under the influence of marijuana in Pennsylvania. Only medical marijuana patients who have a medical marijuana card have access to legal marijuana at approved medical dispensaries. Is marijuana legal in Pennsylvania? Is marijuana legal in Philadelphia and Pittsburgh? What about Pennsylvania medical marijuana? What about legal New Jersey recreational marijuana? Can I get arrested for possession of marijuana in Pennsylvania? Can I get arrested for selling marijuana in Pennsylvania? Can I get arrested for smoking marijuana in Pennsylvania? Can I get arrested for buying marijuana in Pennsylvania? Can I get arrested for growing marijuana in Pennsylvania? Can I get arrested for driving while high in Pennsylvania? Expert sources. Everything you need to know about weed and cannabis in Pennsylvania and New Jersey. Where you can buy recreational marijuana in New Jersey What to know about buying legal N. How to get a medical marijuana card in Pennsylvania Can I be evicted for using medical marijuana? How to Philly Your Rights Marijuana. X Facebook Instagram.

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