Marijuana DUI? If you’re a medical marijuana patient—or even just following the news—you may have heard that Pennsylvania’s laws around marijuana and DUI have been under scrutiny. As a defense attorney, I’ve seen firsthand how these outdated laws have unfairly impacted good people, especially medical cannabis patients who legally use their medication but end up facing DUI charges.
Let’s break down where things stand now in 2025 and what these changes could mean for you.
The Problem with Pennsylvania’s Marijuana DUI Laws
Since 2019, Pennsylvania has operated under a strict “zero-tolerance” policy when it comes to marijuana and DUI. That means:
If there’s any detectable amount of THC or its metabolites in your system—even if you’re not impaired—you could be charged with DUI.
The issue? THC metabolites can stay in your body for days or even weeks after use, long after any impairment has worn off. This has led to countless DUI charges against people who weren’t under the influence while driving, including registered medical marijuana patients.
What’s Changing in 2025
Fortunately, lawmakers are finally addressing this problem. Two key bills are making their way through the Pennsylvania legislature:
House Bill 983 (HB 983)
This bill aims to protect medical marijuana patients from automatic DUI charges based solely on metabolite presence. Under this proposal, simply testing positive for THC isn’t enough for a DUI conviction unless there’s actual evidence of impairment.
Senate Bill 63 (SB 63)
A companion bill in the Senate mirrors HB 983 and pushes for the same common-sense reform to Pennsylvania’s marijuana DUI laws.
Both bills are designed to bring fairness to the system, protecting patients who follow the law while ensuring that impaired driving is still treated seriously.
What This Means for You
If you’re a medical marijuana patient or considering using cannabis legally in Pennsylvania:
You can still be charged under current DUI laws if any THC metabolites show up in your system.
These proposed legal changes have not yet been signed into law, but they’re gaining momentum.
It’s critical to understand your rights and be cautious when driving, even if you feel completely fine.
My Advice as a Defense Attorney
Until these reforms officially take effect:
Know your legal risks. Even medical marijuana patients face DUI charges under existing laws.
Stay informed. Track the progress of HB 983 and SB 63.
If you’re facing DUI charges, call an experienced attorney immediately. Your case may involve complex legal arguments related to medical cannabis, and you need someone who understands both the law and how to protect your rights.
Facing a Marijuana DUI Charge? Let’s Talk.
These cases are often not as straightforward as they seem, and in many situations, there are defenses available. I’ve spent years fighting for clients across Pennsylvania, and I’m ready to help you navigate this complex legal landscape.
Contact me today for a free consultation. Let’s protect your rights and your future.
