When most people hear the term “DUI,” they immediately think of drunk driving. However, under Pennsylvania law, driving under the influence can involve much more than alcohol.
In fact, you can be charged with a DUI if you are found to have any of the following in your system while operating a vehicle:
- A controlled substance (such as marijuana)
- A metabolite of a controlled substance
- Alcohol
- A combination of drugs and alcohol
This means that even if you are not visibly impaired, having trace amounts of certain substances in your body can still lead to a DUI arrest, and marijuana is a major focus.
Marijuana and Pennsylvania DUI Laws
Although public attitudes toward marijuana are shifting, the law in Pennsylvania remains strict. Marijuana is classified as a Schedule I controlled substance — the same category as heroin — despite widespread criticism of that classification.
One of the biggest issues is that marijuana metabolites (the byproducts left behind as your body processes THC) can remain in your system for days or even weeks after use. Unlike alcohol, where impairment levels can be measured in real time, marijuana DUI charges often rely simply on the presence of these lingering metabolites.
If police suspect that you are under the influence of marijuana, they will request a chemical test, such as a blood test, to check for THC or its metabolites. While you can technically refuse the test, refusal carries automatic penalties under Pennsylvania’s implied consent law, including a one-year driver’s license suspension and enhanced consequences for your case.
Serious Penalties for a Marijuana DUI Conviction
Being convicted of a marijuana-related DUI in Pennsylvania can have life-changing consequences. Penalties often include:
- Jail time: A first offense can mean up to six months of probation or jail, with harsher penalties for repeat offenses.
- Hefty fines: Fines can range from several hundred to several thousand dollars depending on prior DUI history.
- License suspension: A minimum 12-month license suspension is typical.
- Mandatory drug treatment programs
- Permanent criminal record: A DUI conviction can follow you for life, impacting employment, housing, and educational opportunities.
At Fienman Defense, we know that many people charged with a marijuana DUI were not actually impaired at the time they were pulled over. If you or a loved one is facing these charges, it’s crucial to have an experienced Philadelphia marijuana DUI lawyer fighting for your rights.
What’s Legal — and What’s Not — With Marijuana in Pennsylvania
Confusion about marijuana laws is common in Pennsylvania, especially after recent legislative changes.
In 2016, Pennsylvania legalized marijuana for medical use. Registered patients with qualifying conditions are allowed to purchase and use medical marijuana products from licensed dispensaries. However, driving under the influence of marijuana remains strictly illegal, even for medical marijuana cardholders.
Philadelphia has also decriminalized small amounts of marijuana. Under local policy, people caught possessing less than 30 grams of marijuana may face only a civil fine instead of arrest. But it’s important to remember:
- Marijuana possession is still illegal under Pennsylvania state law some municipalities, like Philadelphia, have standing policies to only issue citations and enforcement always depends on the police officer and their discretion.
- Decriminalization does not mean legalization. Even in Philadelphia, larger amounts of marijuana, selling it, or using it in public can still lead to criminal charges.
- Driving after marijuana use is illegal statewide, and DUIs involving marijuana are prosecuted aggressively.
In short, even if you have a medical marijuana card or were using marijuana legally in Philadelphia, getting behind the wheel—even with only metabolites in your system—can still result in a DUI arrest, prosecution and conviction.
Defenses Against a Marijuana DUI Charge
Every DUI case is unique, and there are multiple ways to defend against a marijuana DUI charge. At Fienman Defense, we will carefully review every aspect of your arrest, including:
- Challenging the validity of the traffic stop
- Questioning the reliability of chemical tests
- Arguing that metabolites do not indicate actual impairment
- Highlighting procedural errors by police
- Proving you were not impaired at the time of driving
Sometimes, people are arrested after merely being in the vicinity of marijuana use, without actually smoking themselves. Other times, individuals with legal medical marijuana prescriptions are unfairly targeted. Whatever your situation, you deserve a strong defense.
Contact a Philadelphia Marijuana DUI Lawyer Today
If you have been arrested for driving under the influence of marijuana in Pennsylvania, don’t face the system alone. At Fienman Defense, we understand how unfair these charges can be, and we are ready to stand by your side. We will fight to protect your freedom, your license, and your future.
Call Philadelphia marijuana and DUI lawyer Michael Fienman today at (215) 839-9529 or fill out our online contact form for a free, confidential consultation.
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