How smoking legal weed in another state can get you a DUI in Pennsylvania

Cannabis_sativa_leaf_Dorsal_aspect_2012_01_23_0830With marijuana becoming legal in more and more states, it is important to discuss how those laws affect all those who drive in Pennsylvania.

Under Pennsylvania law, driving with any level of Delta-9-THC (THC), 11-Hydroxy-Delta-9-THC (THC-OH), and/or 11-Nor-9-Carboxy-Delta-9-THC (THC-COOH) [beyond the published Department of Health minimal detectable levels] in your system is illegal and you can be charged with Driving under the influence of marijuana . This crime is subject to the following penalties:

First Offense
  • Jail sentence from 3 days to 6 months
  • License suspension for 12 months
  • Fines between $1,000 and $5,000
Second Offense
  • First degree misdemeanor conviction
  • Jail sentence of 90 days to 5 years
  • License suspension for 18 months
  • Fines ranging from $1,500 to $10,000
Third Offense
  • First degree misdemeanor conviction
  • Jail sentence from 1 to 5 years
  • License suspension for 18 months
  • Fines ranging from $2,500 to $10,000

As you can see the penalties are very serious.

So even if you smoke it in an state or a place where marijuana has been decriminalized or declared legal, recreational use of cannabis can get you in trouble in PA even weeks after the last puff.

If you are charged with a DUI involving drugs in Pennsylvania, call the firm that has the scientific knowledge to defend you.  Call 1-866-MCSHANE.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

One response to “How smoking legal weed in another state can get you a DUI in Pennsylvania”

  • I need your help severely, I’m in Northampton county, and been charged with 3rd offense dui, this one for weed and I had my card(even though that doesn’t matter).Please get back to me I’m willing to do anything to get this felony off my record

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