Can I get a DUI for using medical marijuana?
Yes, unfortunately—even legal medical marijuana use can result in DUI charges in Pennsylvania. Whether marijuana is used legally or illegally, you can still be charged with driving under the influence.
❗ Not Just About Being “High”
Most people understand that you shouldn’t drive while impaired or “high.” That part makes sense. However, Pennsylvania law goes further: under 75 Pa.C.S. § 3802(d)(1), it is illegal to drive with any marijuana metabolites in your system, regardless of whether you are impaired at the time.
What Are Marijuana Metabolites?
Marijuana metabolites are chemical byproducts left behind in the body after using marijuana. They can remain in your blood for days, weeks, or even longer, depending on your usage patterns and body chemistry.
If your blood is tested and even trace amounts of these metabolites are detected, you can be charged—and convicted—of a drug-related DUI, even if you’re a medical marijuana cardholder.
⚖️ The Consequences of a Marijuana-Based DUI
A conviction for a marijuana-related DUI carries severe mandatory penalties under Pennsylvania law, including:
Jail time
A mandatory driver’s license suspension
Hefty fines
A permanent criminal record
And again, this can happen even if you were not impaired or high while driving.
🚫 What to Do If You’re Pulled Over
1. Do Not Voluntarily Admit to Medical Marijuana Use
If you’re pulled over for a minor traffic violation—speeding, a stop sign, etc.—do not volunteer that you use medical marijuana. Even a casual admission gives police probable cause to investigate you for DUI, including asking for a blood test.
2. Leave Medical Marijuana at Home If Possible
If you must transport it:
Keep it in its original packaging
Store it in your trunk or locked container
Avoid using it before driving under any circumstances
3. Be Aware of Out-of-State Travel
A Pennsylvania medical marijuana card is not valid outside the state. Many states still treat any marijuana possession as a criminal offense, and your PA card won’t protect you.
⚠️ Yes, the Law Is Unfair—But It’s Still the Law
It might seem absurd that Pennsylvania permits medical marijuana use but still allows users to be prosecuted for DUI based on lingering metabolites. You’re not alone in thinking that—it is unfair. But this is the current state of the law.
Don’t email me to say it’s stupid. I agree with you. But I didn’t write the law—your elected officials did. If you want change, call your state representative and demand reform.
👨⚖️ Charged With a DUI? Know Your Rights.
If you’ve been charged with a DUI related to medical marijuana or any other drug offense, speak to an experienced Pennsylvania DUI attorney right away.
📩 Contact JD Law in State College for a free consultation. You can submit an internet inquiry or call (814) 689-9193 and leave a message.