Update on Medical Cannabis and DUI Law in PA - PA House Bill 983 introduced
It's Dr Jen Minkovich with an update on new legislation that was introduced by PA State Rep. Chris Rabb that would end "zero tolerance" DUI (wrongful DUI prosecution) for PA MMJ patients. House Bill 983 was introduced earlier this month and is a very clear and concise three-page bill. Read it here: HB983. Here is the memo on it as well: HB983 MEMO. This bill is currently in the PA House Transportation Committee and has not yet been put on the schedule to be heard in that committee.
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 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 HB983?
Contact the Chair of the PA House Transportation Committee - Representative Ed Neilson and ask him to put HB983 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.
Here is my suggested language (Feel free to use, edit, improve, share, etc.):
Dear Representative Neilson,
I'm reaching out regarding HB983, which was recently introduced by Rep. Rabb and referred to the House Transportation Committee. 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.
Thank you for reading, and for your efforts in joining with me to improve the legal environment for our PA Medical Marijuana Program community. My best regards,
Dr Jen Minkovich