In Pennsylvania, a medical cannabis patient can face DUI charges even if they are completely sober. This is due to a “zero-tolerance” law that treats the mere presence of THC in someone’s bloodstream as a criminal offense—regardless of whether it impairs driving ability. For patients who rely on cannabis to manage chronic conditions like PTSD, cancer-related symptoms, or severe pain, this legal loophole is more than unfair—it’s a threat to their freedom and livelihood.
Why the Law Needs to Change
THC can remain in a patient’s system for days or even weeks after use, long after any intoxicating effects have worn off. Pennsylvania currently doesn’t require proof of actual impairment for cannabis-related DUI charges, which runs counter to how we handle prescription opioids or benzodiazepines. Recognizing this injustice, Senator Camera Bartolotta and Representative Chris Rabb introduced legislation to change the standard. Their bill would treat medical cannabis like other Schedule II or III prescription drugs—requiring evidence of actual impairment, not just a positive test.
Who Supports the Reform?
In a rare show of unity, the proposed reform has gained support from:
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The Pennsylvania District Attorney’s Association
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The PA DUI Association
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The Pennsylvania State Police
Even law enforcement officials acknowledge that this change would not hinder their ability to keep roads safe—because impaired driving would still be prosecuted. The goal is fairness, not leniency.
Why It Hasn’t Passed (Yet)
Despite widespread support, the bill has languished in committee for five years. Political inertia and misconceptions about cannabis continue to stall progress.
But with over 700,000 medical marijuana patients in Pennsylvania, the pressure to act is growing. 2025 must be the year lawmakers finally listen.
What Can You Do?
Call your state senator. Call your state representative. Let them know that protecting patients and upholding justice are not mutually exclusive. As a former prosecutor and longtime advocate for cannabis reform, Patrick Nightingale has the experience to fight for your rights.
📞 Call (412) 454-5582 or visit patricknightingale.com for a consultation.