A Pennsylvania lawmaker is making another push to change what he calls an unfair and outdated law that penalizes medical marijuana patients for simply having cannabis metabolites in their system—even if they’re not impaired.
Patients Face DUI Charges Without Evidence of Impairment
State Representative Chris Rabb (D) is once again leading the charge to fix a legal loophole that has left registered medical marijuana patients vulnerable to DUI convictions. This week, he filed a new bill and circulated a co-sponsorship memo, urging his colleagues to back the reform.
Rabb highlighted an ongoing issue since Pennsylvania legalized medical cannabis: patients being arrested and convicted for DUI without any actual proof of impairment. “Many patients have shared their horror stories about being arrested and convicted of driving under the influence of cannabis without any proof of impairment,” he stated.
The problem stems from the way Pennsylvania’s DUI laws treat cannabis use. Unlike alcohol, where there’s a clear legal limit for intoxication, state law currently allows drivers to be prosecuted for DUI simply for having marijuana metabolites in their system—compounds that can linger for weeks after consumption.
Bill Seeks to Amend Flawed Law
Rabb’s proposed legislation aims to fix what he describes as a fundamental flaw in Pennsylvania law. The bill would amend the existing state statute so that the mere presence of cannabis metabolites in a drug test would no longer be enough to convict someone of impaired driving—provided they are a registered medical marijuana patient.
One important caveat: the bill does not extend this protection to individuals who hold a commercial driver’s license (CDL). Commercial drivers would still be subject to the current zero-tolerance policy.
Rabb made it clear that the proposed law does not protect impaired drivers or illegal cannabis users. “That is why this legislation…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 wrote in his memo.
Nine Years of Medical Cannabis, No Fix to DUI Law
Pennsylvania legalized medical marijuana nearly nine years ago, yet lawmakers have failed to address the disconnect between the state’s DUI laws and cannabis policy. Rabb expressed frustration over the delay, calling it “perverse” that the government is willing to collect tax revenue from medical marijuana sales while allowing legal patients to be unfairly criminalized.
“Nine years after legalizing medical cannabis for patients, we still have not addressed this fundamental flaw in our law, which could jail someone for driving weeks after taking their medication,” Rabb said in a press release. “Yet, we as a government are more than happy to cash in on the tax revenue generated by medical cannabis. It’s perverse but easily corrected. This legislation will set things right.”
Pennsylvania Lags Behind Other States
Several states have moved to update their laws to protect medical marijuana patients from wrongful DUI convictions. Pennsylvania, however, remains behind the curve.
- States like Nevada, Colorado, and Michigan have set legal THC limits similar to blood alcohol concentration (BAC) levels to determine impairment.
- Some states, such as California and Massachusetts, require actual evidence of impaired driving before a DUI conviction can be made.
- Pennsylvania, in contrast, operates under a zero-tolerance rule, meaning any trace of cannabis metabolites can lead to a DUI charge, even if the person hasn’t consumed cannabis for weeks.
This disparity has created a situation where medical cannabis patients in Pennsylvania live under constant risk of arrest—despite following the law and using cannabis for legitimate health reasons.
What Happens Next?
Rabb’s bill will now go through the legislative process, but it remains unclear how much support it will receive. Previous attempts to change Pennsylvania’s DUI laws for medical marijuana patients have stalled in committee.
The issue is likely to spark debate. Law enforcement groups may push back, arguing that any changes to DUI laws could make roads less safe. Meanwhile, advocates for cannabis reform and patient rights will emphasize the need for fairness and science-based policies.
For now, medical marijuana patients in Pennsylvania remain in legal limbo. Until the law changes, they face a difficult choice: risk being charged with DUI or avoid driving altogether—even if they are completely sober.
