medical marijuana and DUI

June 17, 2018

Pennsylvania Must Ditch Harsh Marijuana DUI Law

Pennsylvania’s marijuana DUI law could be about to see some much needed reform. State Rep. Sheryl Delozier (R-Cumberland) is working on a bill that would exempt medical marijuana patients from an overbearing law that prevents them from ever being allowed to drive, according to The Inquirer. The move comes as Pennsylvania Department of Health is in the process of implementing the state’s medical marijuana program.

PA Code Title 75, Sec. 3802, as it currently stands, states: “An individual may not drive, operate or be in actual physical control of the movement of a vehicle … (if) there is in the individual’s blood any amount of a Schedule I controlled substance.” Just as under the federal Controlled Substances Act, Pennsylvania also has cannabis listed under their own Controlled Substance, Drug, Device and Cosmetic Act as a Schedule I narcotic, right alongside heroin, peyote, mescaline and the like. Continue reading

July 12, 2017

Driving with Marijuana in Your Car in California

By Cannabis Law Group

According to a recent news article from the Sacramento Bee, some major changes to the adult legalization of marijuana are coming, including whether you can carry marijuana in your vehicle. This change and many others comes from a 100-page bill just signed by Governor Jerry Brown with the goal of creating a unified regulatory system to govern marijuana in California. This is part of a major change that has been a long time coming, as there was previously very little state involvement in the medical marijuana industry.

marijuana lawyer The state wanted to change the reputation that California is the Wild West in terms of marijuana laws and business, and they moved to create an agency to regulate medical marijuana. As this was occurring, Proposition 64 was passed by a majority of voters, making marijuana legal for recreational use as well as medicinal. Continue reading

September 30, 2016

Marijuana Breathalyzer Use in California Now Underway

By Cannabis Law Group

For the first time in U.S. history, marijuana breathalyzers were in use on public roads, and it’s happening right here in California. drive7

The devices, the brainchild of an Oakland emergency room doctor and reserve police officer for the Alameda County Sheriff’s Office, are expected to be distributed nationally sometime next year.

During initial field tests, drivers who were spotted driving in an erratic fashion were pulled over by Alameda sheriff’s deputies – including the creator of the device – who then and those drivers voluntarily agreed to breathe into the contraption. Two individuals admitted to smoking the drug within a half hour before the traffic stop, and their breathalyzer readouts were reportedly much higher than for the other drivers. In other drivers who admitted to using in the last three hours, the device also tested positive for the presence of THC. Continue reading