Update on Medical Cannabis and DUI Law in PA - SB363 was reintroduced this week
It's Dr Jen Minkovich with an update on Sen. Bartolotta's bill that would end "zero tolerance" DUI (wrongful DUI prosecution) for PA MMJ patients by requiring proof of actual impairment. The bill (formerly known as SB167) recently died/ran out of time with the end of the last legislative session, was reintroduced as SB363 to the PA Senate Transportation Committee earlier this week (2/21/2023.)
SB167 made decent progress previously and had bipartisan support. Therefore, I am hoping (and hopeful) to see the passage of its current reiteration as SB363 in the current (2023-2024) legislative session. The first step of course, is for SB363 to be heard and voted upon in the PA Senate Transportation Committee, so that it can then progress on to be heard and voted upon by the full Senate.
You can read about the bill here: SB363
Background: Under Pennsylvania law, motorists with detectable levels of THC or a THC metabolite in the blood above 1ng/ml are guilty of a DUI without proof of impairment. That essentially makes a criminal of every patient in the PA Medical Marijuana Program who is ever behind the wheel. Why is that the case? It is because THC metabolites (and sometimes THC) may persist in the blood or urine of regular cannabis users for days, weeks, or even months after last use, and it is well-known, therefore, that urine and blood testing does not reliably indicate impairment from cannabis, nor does it correlate with level of impairment.
For more background info on SB167 and PA's DUI law, please see my previous blog posts here on the matter from 2021 and 2022 and the resources included below.
Additional background resources:
PA DUI Statue - Ch 38 § 3802 Section D
PA Bulletin - Minimum Levels of Controlled Substances or Their Metabolites in Blood
What can we do to support SB363?
Contact the Chair of the PA Senate Transportation Committee - Sen. Wayne Langerholc, (717) 787-5400, wlangerholc@pasen.gov, and ask him to put SB363 on the meeting agenda. As Chair of the committee, he sets the agenda for what bills will be heard and voted upon in that committee. Your correspondence does not have to be long, as Sen. Langerholc is well aware of the issue and he voted in favor of the bill (under its previous name - SB167) during last session’s committee vote.
Here is my suggested language (Feel free to use, edit, improve, share, etc.):
Dear Senator Langerholc,
I'm reaching out regarding SB363, which was recently introduced to the Senate Transportation Committee by Sen. Bartolotta. I feel that this is an important bill and urge you to add it to the next meeting agenda for your committee. With every lawful and law-abiding PA Medical Marijuana Program patient who drives a motor vehicle being in danger of a wrongful DUI prosecution, it is critical that we take action to rectify our faulty DUI law as soon as possible.
My best regards,
Thank you for reading, and for your efforts in joinging with me to improve the legal environment for our PA Medical Marijuana Program community.
Dr Jen Minkovich