Pennsylvania House Members Introduce Bill To Protect Medical Cannabis Users From DUIs

If a bill passes in Pennsylvania, medical cannabis patients will no longer be at risk of being charged with a DUI just because drug tests show the presence of THC in their system, the Pittsburgh Post-Gazette reports. However, that doesn’t mean you can drive while impaired if you have a card, nor does it apply to anyone who uses cannabis without a medical card. 

Rather, the introduced legislation attempts to address a long-standing problem since cannabis legalization. As many readers know, THC can show up in your urine 30 days after you consume it and up to 90 days for heavier users. Therefore, arresting people for DUIs because their drug test shows the presence of THC would be like issuing out DUIs to a driver who hasn’t had a drink in a month. The bias in drug testing against cannabis, one of the safest drugs, doesn’t only come up regarding alcohol. Cocaine leaves your urine after about three days, as does heroin. Meth can hang around for six days. When a person fails a drug test for any reason, it’s often just because they smoked some weed. 

We know that cannabis is generally safe to consume, and a recent Canadian study even found that weed legalization does not lead to more car crashes. However, it’s understandable that folks are concerned about impaired drivers. But, under current Pennsylvania law, police can charge drivers with a DUI when marijuana use is detected, regardless of the level of impairment or time of consumption. 

“In 2016, the PA General Assembly voted to legalize medicinal use of cannabis. Sadly, the legislature failed to provide these patients the same privileges afforded to others who have legal prescriptions for a scheduled medication,” reads a cosponsor and bipartite memo from Rep. Chris Rabb, D-Philadelphia, and Rep. Aaron Kaufer, R-Luzerne. “Medicinal cannabis patients regularly contact our offices concerned that state law makes it illegal for them to drive,” they continue. 

Currently (and thankfully), Pennsylvania is an outlier and only one of a handful of states which have zero tolerance for controlled substances. Thirty-three states (even somewhere cannabis is still mostly outlawed) require proof of actual impairment at the time of being pulled over. Last session, Pennsylvania representatives introduced similar legislation but got stuck in the government’s quicksand and didn’t make it out of the Transportation Committee. Additional attempts to solve this issue arose in the state Senate. The Senate Transportation Committee approved Senate Bill 167 last June. However (more government quicksand) the bill didn’t even get a vote in the full Senate before the 2021-22 legislative session closed.

“During a Senate Transportation Committee meeting last September, representatives of the Pennsylvania State Police testified that the bill would not adversely impact their mission to keep the highways and byways of the Commonwealth free of impaired drivers,” Sen. Camera Bartolotta, R-Washington, the prime sponsor of SB 167, said in a statement at the time of that committee vote, the Pittsburgh Post-Gazette reports. Considering more than 425,000 Pennsylvania residents have active patient certifications allowing them to use medical marijuana in Pennsylvania, let’s hope this issue resolves sooner rather than later. 

Reasonable Pennsylvania officials are currently trying to make cannabis laws more rational in other ways. Sen. Mike Regan, R-Cumberland, and Sen. James Brewster, D-McKeesport announced plans earlier this year for legislation allowing doctors to certify patients to use medical cannabis for any condition rather than the state’s current limited medical list. On a map of which states have legalized adult-use, Pennsylvania sticks out like a sore thumb that hasn’t.

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