Lawmakers in Pennsylvania have been working on legislation that would stiffen the penalties for impaired driving, but those efforts were dealt a blow when an amendment was added to protect drivers who have medical marijuana cards. Those behind the amendment say it is needed because THC can be detected in blood samples long after the psychoactive effects of marijuana have worn off.
Marijuana impairment
Some of the legislators who support Deana’s Law, which is named after a Delaware County woman who was killed in 2019 by a repeat drunk driving offender, say that the medical marijuana amendment would just encourage drivers to get behind the wheel while impaired. Backers of the measure say that it only prevents drivers being arrested for DUI because THC was detected in toxicology tests. Drivers who are obviously impaired will still face charges.
Prosecutors and police divided
Law enforcement and prosecutors have different views about the marijuana amendment. The Fraternal Order of Police and advocacy groups such as the American Automobile Association oppose the measure, but the National District Attorneys Association has come out in support of it. Experts do not expect the issue to be resolved any time soon as the current legislative session is nearing its end.
THC evidence is unreliable
Driving while under the influence of marijuana is a thorny legal area because scientists are currently unable to conclusively link THC levels in the blood with intoxication. It is also understood that individuals who consume marijuana on a daily basis build up a tolerance for the drug that allows them to function normally with levels of THC in their systems that would incapacitate a casual user. For these reasons, experienced criminal defense attorneys may argue that proving impairment beyond a reasonable doubt is impossible in DUI cases based on THC evidence alone.
