Medical Marijuana Patients in Pennsylvania: Know Your Rights & Legal Risks
By Patrick Nightingale, Esq.
There are some legal protections for medical marijuana patients in Pennsylvania, but none are absolute. As an advocate for cannabis reform and a practicing criminal defense attorney, I have watched as law enforcement continues to target medical marijuana patients, particularly in DUI cases and packaging compliance issues.
If you are a registered patient, knowing your rights and understanding the legal pitfalls is crucial.
Protection Under the Law for Medical Marijuana Patients in PA
Pennsylvania law provides several key protections for registered medical marijuana patients, including:
✅ No prosecution for legally obtained cannabis – You cannot be arrested or charged solely for possession of cannabis if you are a registered patient who purchased marijuana from a licensed PA dispensary.
✅ Protection from professional license sanctions – If you are a licensed professional (such as an attorney, doctor, or nurse), you cannot lose your license or face disciplinary action simply for being a medical marijuana patient.
🚨 However, these protections have serious limitations that all patients should be aware of. 🚨
The Biggest Legal Risks for Medical Marijuana Patients
Despite these legal safeguards, medical marijuana patients in Pennsylvania still face criminal charges for the following:
❌ DUI Charges Without Proof of Impairment
Pennsylvania’s DUI laws are among the strictest in the country when it comes to cannabis. Unlike alcohol-related DUIs—where law enforcement must prove actual impairment—PA law only requires THC to be present in your system.
📌 This means you can be arrested for DUI simply for using legally obtained medical marijuana—even if you consumed it days before a traffic stop.
❌ Strict Packaging Requirements
PA law mandates that all medical marijuana must remain in its original dispensary packaging at all times.
🚫 If you transfer your cannabis into a different container, you could be charged with possession of a controlled substance.
❌ Smoking is Prohibited
Pennsylvania strictly prohibits smoking medical marijuana. Patients must use approved forms such as vaporization, tinctures, capsules, or topicals.
📌 If law enforcement catches you smoking cannabis, you could face criminal penalties—even if you are a registered patient.
What to Do If You’re Facing Charges?
If you’re a medical marijuana patient facing DUI, possession, or other cannabis-related charges, you need experienced legal representation. Law enforcement does not always respect the rights of medical marijuana patients, and navigating these laws on your own can be overwhelming.
At PKN Law, we are committed to protecting medical cannabis patients and fighting unjust charges.
📞 Call (412) 454-5582 or visit patricknightingale.com for a consultation today.
🚨 Don’t face the legal system alone—know your rights and fight back. 🚨