New Bill Seeks to Protect Medical Cannabis Patients from DUI Penalties Without Proof of Impairment

Representative Chris Rabb of Philadelphia County introduced HB 878 to remove DUI penalties for medical cannabis patients with a current medical marijuana card and without proof of impairment while operating a vehicle.

Pennsylvania’s current approach to all substances regarding DUIs is a zero-tolerance policy where testing positive for any amount will result in a DUI. This is a tricky situation for medical cannabis patients in Pennsylvania as THC and its metabolites may be detectable in urine and blood for up to or more than 30 days. According to a recent study from the University of California San Diego, inhaled cannabis can be impairing for up to 4.5 hours following consumption and edibles can be impairing for up to 8 hours following consumption.

Rep. Rabb noted in a co-sponsorship memo that “while this legislation protects medical cannabis patients, it does not extend to any illegal cannabis use – nor does it protect impaired drivers. It applies to approved patients with a non-commercial driver’s license who use medical cannabis legally -- and are not impaired – the same as with any other prescription medication.”

The bill was originally proposed in 2023 as HB 983, but did not advance out of the transportation committee for a full house vote.