Even if you have a medical marijuana card, and can legally possess marijuana, it is still illegal to drive with marijuana and/or it’s metabolites in your blood. Period. End of story. Whether you’re impaired or not it doesn’t matter. Pennsylvania is a zero tolerance state. And, just like alcohol is legal to ingest, so is marijuana. You just can’t drive with it in your system. You can drive with certain levels of alcohol in your blood. But there is no level of marijuana in your blood that allows you to drive legally.
On a side note, the odor of marijuana in your car without more, does not presume you’re doing something illegal and does NOT allow the police to search your car. “The odor of marijuana does not per se establish probable cause to conduct a warrantless search of a vehicle”. When asked, admit NOTHING. Even a fish wouldn’t get caught if he kept his mouth shut. Arguably, the police shouldn’t be allowed to ask if you have a medical marijuana card because it’s a HIPPA violation. Tell them that and make sure their body camera is on. If you have more questions about this, call me for a free consultation. 215-773-0543
My practice specializes in criminal trials, including DUI, felonies, misdemeanors, drug-related, and other jailable offenses in Montgomery County and Bucks County.
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