Session: 2023-2024
ACLU-PA Position: Supports
There are more than 700,000 people who have medical marijuana cards in Pennsylvania—not a single one of them can lawfully drive. If even a trace amount of marijuana metabolite is detectable in the body, including weeks after medical marijuana use when the person is absolutely NOT impaired, the person would currently commit a DUI under 75 § 3802.
HB 983 (PN 2403) would make two critical changes to current law:
- Clarify that medical marijuana is not a controlled substance.
- Specifically clarify that the strict liability provision in 75 § 3802(d)(1) does not apply to medical marijuana.
However, if a person is actually impaired, they would still commit a DUI under 75 § 3802(d)(2)—HB 983 would not change that. People who drive while impaired by medical marijuana would remain subject to current penalties.
HB 983 strikes a rational balance between holding impaired drivers accountable and permitting nearly three-quarters of a million Pennsylvanians, many of whom are prescribed medical marijuana for a disability, the right to drive.
Check the bill's status here.
