As Fetterman continues his marijuana listening tour, what does legalization mean for DUI enforcement?

Lt. Gov. John Fetterman has recently started touring Pennsylvania to hold public forums on the legalization of marijuana. Fetterman is an advocate for legalization and Gov. Tom Wolfe has said it may be time for PA to legalize marijuana as well. (See also: Fetterman starts marijuana hearings in central Pennsylvania) But the question still remains,…

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You can still get arrested for a Marijuana DUI

Even with the legalize pot movement gaining steam across the nation, you can still get arrested for a Marijuana DUI in PA.  There have been a number of marijuana DUI cases recently in Harrisburg and the surrounding areas. Penalties for a Marijuana DUI The penalties of a Marijuana DUI are very serious.  That is because…

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The federal government broke its medical-marijuana promise

Despite many states legalizing the use of medical marijuana, the federal government still considers marijuana a Schedule I substance which makes possession of it completely illegal.  Furthermore, promises to remove some of the procedural red tape which has been making it difficult for legal dispensaries to operate have not been fulfilled. There are also many…

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Can a Police Officer Validly Detect Whether or Not You Have Been Smoking Marijuana?

Driving under the influence of marijuana is a serious crime. Getting caught can mean penalties like jail time, fines and license suspension.   We’ve been asked many times before about the possibility of a cop smelling marijuana on you. Below are some considerations in view of this: Just because someone smells of smoke doesn’t necessarily mean…

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

With 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…

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Does the Cop smelling marijuana really mean anything?

Another attorney recently emailed me asking me about what a cop smelling marijuana really means.  It is a very interesting question because smell often comes up in cases involving alcohol and marijuana.  Here are some thoughts: Just because someone’s clothes smell like marijuana (assuming that the cop identified it correctly which is not exactly a…

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