If you’re a registered medical marijuana patient in Pennsylvania, you have the right to use your medicine — but that doesn’t protect you from being charged with DUI. At PKN Law, Attorney Patrick Nightingale routinely defends patients who find themselves in this exact situation. The problem? Pennsylvania still treats THC the same way it treats alcohol and other controlled substances under its zero-tolerance DUI laws — even if that THC is from legally obtained medical cannabis.
🚨 The Best Defense Is Avoiding the Traffic Stop
Patrick’s top advice to patients is simple: Don’t give law enforcement a reason to pull you over.
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Ensuring your vehicle is legally inspected and registered
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Fixing any broken headlights, tail lights, or license plate bulbs
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Making sure your vehicle is in good working order
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Avoiding transporting cannabis unless absolutely necessary
Even though the odor of cannabis is not legally “probable cause” for a search or arrest, it is often used as a pretext by officers to escalate a routine traffic stop into a DUI investigation.
🧪 THC and Pennsylvania’s DUI Law
Here’s where things get tricky: Pennsylvania’s DUI laws do not distinguish between active impairment and residual THC in your system. You could be pulled over, submit to a blood test, and face DUI charges simply because THC metabolites are present — even if you’re not impaired. This is especially dangerous for daily cannabis patients who may test positive long after their last dose.
💡 How to Stay Safe as a Medical Cannabis Patient
To minimize your risk:
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Keep your car clean and clutter-free of any cannabis containers or paraphernalia unless you’re coming directly from the dispensary
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Store your medical cannabis in original packaging and in a secure container while driving
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Avoid medicating immediately before driving, even if you feel unimpaired
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Always obey all traffic laws to prevent unnecessary stops
⚖️ Arrested for a Cannabis DUI?
If you are charged with DUI despite being a legal patient, PKN Law is here to help. Patrick Nightingale is not only a seasoned criminal defense attorney — he’s also a passionate advocate for cannabis reform who understands the science, the stigma, and the law. With over 20 years of experience on both sides of the courtroom, he knows how the state builds these cases and how to fight back. 📞 Call (412) 454-5582 today or visit 🌐 patricknightingale.com to schedule your consultation.