As of the writing of this blog 18 states have have marijuana in their states for medical purposes (Pennsylvania is NOT one of them). As long as you live in these states and you are properly registered and follow the medical guidelines required for marijuana use you can smoke it legally. But keep in mind that NO state has permitted anyone to operate a motor vehicle while under the influence of marijuana. So here’s a question: How does a person approved for medical marijuana use approach operating a motor vehicle in the Commonwealth of Pennsylvania? Lets examine.
Well, the PA DUI statute at 75 Sec. 3802 makes it not only unlawful to drive an automobile while high on marijuana but it also prohibits one from operating a motor vehicle with any active metabolites of marijuana in the bloodstream. In English, this means that if you have any residual weed in your body from smoking during the last couple of weeks or so, and it comes up in your blood pursuant to a DUI arrest, then you are deemed “under the influence” for DUI prosecution purposes. Fair? Probably not – but its the law. So, the practical upshot of all of this is that if you live in a state where medical marijuana is legal, and you drive into Pennsylvania and are pulled over for DUI and test positive for marijuana, the excuse that you are allowed to smoke marijuana back home is not going to help you. In PA – its DUI.