As of July 2025, Pennsylvania has enacted a new hands free driving law that prohibits drivers from holding a mobile phone while operating a vehicle. While the intent of the law is to improve road safety by reducing distracted driving, it creates significant legal risks for medical marijuana patients.
How a Simple Traffic Stop Can Escalate
Being pulled over for holding a phone may not seem serious. However, any traffic stop can quickly turn into a more complicated situation once law enforcement begins to ask additional questions. A common line of questioning includes, “Do you have anything in the vehicle I should know about?” A well-intentioned patient might respond, “I am a medical marijuana patient.” While truthful, that answer can trigger further scrutiny from the officer. The next question may be, “When was the last time you used your medicine?” If the answer is “last night,” the officer may ask the driver to step out of the vehicle to perform field sobriety tests.
The Risk of a Cannabis DUI in Pennsylvania
Even if you are not impaired while driving, you could still face charges. Pennsylvania law allows for prosecution based on the presence of non-psychoactive cannabis metabolites in your bloodstream. These metabolites can remain in your system for days after use and do not indicate current impairment. This legal standard places medical marijuana patients in a difficult position. Someone who uses cannabis responsibly and in accordance with their medical certification could still be treated as if they were driving under the influence.
Why You Should Be Cautious
This law, while focused on distracted driving, provides law enforcement with a valid reason to initiate a traffic stop. Once stopped, anything you say can lead to further investigation. For medical cannabis patients, this means being extremely cautious about what you disclose. It is important to know your rights during a traffic stop. You are not required to volunteer information about your medical treatment. If you are asked questions about drug or alcohol use, it is within your rights to remain silent and ask to speak with an attorney.
What to Do if You Are Charged
If you are charged with driving under the influence despite being sober, you should speak with an experienced criminal defense attorney immediately. A skilled attorney will evaluate whether your constitutional rights were violated and whether the charges are supported by evidence of actual impairment. Patrick Nightingale is a former prosecutor who has spent over twenty years defending individuals charged with serious offenses in both state and federal courts. He understands how prosecutors build cases and how to challenge improper or overreaching charges.
Conclusion
What begins as a routine traffic stop under the new hands free law can quickly become a serious legal issue for medical marijuana patients. Even responsible use can lead to charges due to outdated definitions of impairment under current Pennsylvania law. If you or someone you know has been charged unfairly, do not face the legal system alone. Contact Patrick Nightingale for trusted, experienced representation.