Pennsylvania’s Medical Marijuana DUI Law Is A Scientific And Legal Disaster

As a physician and medical marijuana certifier, I feel obligated to speak out: Pennsylvania’s DUI laws for medical marijuana users are not just outdated—they're scientifically indefensible and morally wrong.

Under current PA law, a medical marijuana patient can be charged with DUI simply for having inactive THC metabolites in their system—even days or weeks after last using—with no evidence of impairment. That means you can be completely sober, pass every field sobriety test, and still get hit with a criminal charge. Why? Because the law doesn’t distinguish between impairment and presence.

This is not how science works, and it’s not how justice should work either.

THC metabolites like carboxy-THC are not psychoactive. They’re just leftovers—chemical footprints showing you used cannabis at some point in the past. They have zero correlation with impairment, especially in regular medical users. PA’s law treats medical patients like criminals for following their doctor’s orders.

Imagine applying this same logic to prescription opioids or benzos. We’d have half the state in jail.

Worse still, this law puts professional drivers, including CDL holders, in an impossible situation. Use your medication legally and risk your license? Or suffer without treatment?

It’s time for to demand change. PA’s marijuana DUI statute isn’t protecting the public. It’s punishing the sick, ignoring science, and turning law-abiding patients into felons.

I urge PA truckers to call their lawmakers and for law enforcement to follow the actual evidence—and for anyone affected by this broken system to speak out.

— Dr. Michael Duplessie Medical Marijuana Physician https://michaelduplessie.com

Worse still, this law puts professional drivers, including CDL holders, in an impossible situation. Use your medication legally and risk your license? Or suffer without treatment?

I think you’re missing something here.

Ah yeah. CDL holders can't have any THC in their systems at all, whatsoever. Its a federal issue. Irrelevant of what state says about it medically or not.

Your feelings on it, your medical input on it are totally irrelevant. The FMCSA , the governing body for rules and policies, is very clear on drug policy. If you have an issue with it, take it up with them.

On a personal bias level, we have enough drivers that are idiots without drugs, the last thing I want is a stoned idiot operating a CMV.

I don't want potheads driving killing machines. And if they need pot to do the job .. they probably shouldnt be doing it.

No sympathy here

Doc I do believe you have missed the point of this website. This is not a typical social media site. We try our best to educate folks looking to get into the trucking industry and give them honest information, which includes telling people if they are worried about a drug test then they aren’t going to last in this industry.

I’m sure you are passionate about your cause. However the federal rules prohibit cdl holders from having any thc in their system period. Folks that are in need of your services should not be driving trucks.

Your arguments are best suited toward gov’t officals to enact changes, as I’m sure you already are aware.

Rather sad to see the small-minded replies here, many of which suggest the person posting did not actually read (or understand) the original post.

I expect many of the folks in here loudly saying "MARIJUANA BAD" drink caffeine and alcohol, both of which are "drugs", too; there is no distinction.

If the test for alcohol impairment was limited in its application and frequently caught false-positives, or detected alcohol from consumption days prior, without current impairment, you same folks would be hollering about the inherent unfairness in the process, how it's wrong and not accurate, etc.

Nope. I drink only water. Like it or not.. it is against regulations. End of discussion..

You came here seeking truth. You got truth, and you didn't like it.

None of us are making a judgement on the drug itself. It, and any other drugs that cause impairment are prohibited and for good reasons. We're just as vehemently opposed to alcohol as well in regards to its use by cdl holders. And for the same reasons. The laws are much stricter for a cdl holder about alcohol use.

You dont have a valid argument for use of narcotics by commercial drivers. Peroid. In fact, supposing for a minute that thc was prescribed in the same manner that opiates were and were mainstream used similarly, a driver wouldn't be able to return to work until he tested clean. You fail to grasp that even some over the counter medication can be grounds for out of service and loss of career.

You're barking up the wrong tree, in the wrong neighborhood.

Catent, we allowed your first few comments with reservations. Just so you know, it's never a good way to find some friends to visit with on your new CB radio by jumping into their sandbox insinuating they are small minded. Yeah, you need to work on your introduction a little.

This is a group of folks here with some high standards. If you want to be part of it, you'll learn to respectfully reply or you'll go away. We have opened the door and given you access, tread carefully. We are happy to hear from you, but understand you don't hold a candle to our veteran drivers. If you want to present an argument or a point, that's all good, but you'd be smart to make sure you can defend it well.

The fact of the matter is, there is currently no way to reliably quantify real time usage. Current testing can't quantify 3 hours ago usage, verses 3 days ago usage. THAT is one of the hurdles THC faces in the "impaired driving" argument. CDL holders are subjected to a lower legal limit of BAC than a non commercial driver. We can get popped for a DUI in a private vehicle at 0.04, while non commercial drivers the impairment limit is 0.08.

Pot is illegal on the federal level. CDL holders are subject to federal law, and additional rules and regulations for stricter than the average non commercial driver. Even further, the companies we drive for can legally prohibit their drivers from using or carrying certain over the counter medications.

These regulations aren't meant to deprive an individual of recreational activities outside of duty status. They are protecting the general public and other commercial drivers from the consequences of someone screwing up while moving in an 80,000 pound vehicle. The consequences are deadly, many times over.

It boils down to simple personal choice. If you want to use plants that impair your ability to react quickly, you are choosing to be ineligible to hold a CDL.