Guest Opinion: PA DUI law sets up patients for wrongful arrest
I am a physician in the PA Medical Marijuana Program and I'm concerned about a current law that potentially puts all drivers who participate in the program in danger.
We have what's referred to as a "zero tolerance" DUI law in Pennsylvania that is not science-based and that puts medical cannabis patients at risk of wrongful arrest and prosecution. Under current Pennsylvania law, motorists with detectable levels of THC or a THC metabolite in the blood above 1ng/ml are guilty of a DUI without the need to demonstrate proof of actual impairment. That makes a criminal of every patient in the PA Medical Marijuana Program who is ever behind the wheel.
Why is that the case? It is because THC metabolites may persist in the blood or urine of regular cannabis users for days, weeks, or even months after last use, and it is understood, therefore, that urine and blood testing does not reliably indicate recent use of cannabis and does not reliably indicate impairment from cannabis. When it comes to cannabis, a field sobriety test is an appropriate method of screening for intoxication; lab tests are not.
As a PA MMJ patient, if I am pulled over and suspected of being intoxicated while driving or involved in a car accident/etc., and I'm taken to a hospital for blood or urine drug testing, a positive screen for THC metabolites can lead to my prosecution and conviction for DUI, even though I was driving unimpaired.
I believe that this discrepancy in the law was an oversight when Act 16 (Medical Marijuana Act) was passed and it needs to be rectified. As much as we would like to have a reliable lab test to detect impairment from cannabis (such as that which we have with alcohol) the fact remains that we do not have one at this time. The pharmacokinetics of cannabis are simply not the same as the pharmacokinetics of alcohol. Many other states have realized this and have consequently updated their laws.
There is currently a bill — Senate Bill 167 — proposed by state Sen. Camera Bartolotta, R-46, which has just passed out of the Senate Transportation Committee last month with a unanimous affirmative vote, and will be soon considered by the full Senate. It would rectify our faulty DUI law by requiring proof of actual impairment for a DUI conviction. In its current form, it is a short and sweet, non-controversial bill — less than four pages long. To be clear, this bill would not give a pass to any patient driving impaired; it simply would protect those patients who drive lawfully, unimpaired.
I have contacted my state senator — Sen. Robert "Tommy" Tomlinson, R-6, in Bucks County — and asked him to support this bill. I encourage my fellow Pennsylvanians to also reach out to their state senators and ask for an affirmative vote when it comes to the floor.
In closing, the main takeaway from this is, and let me say that again louder for the people in the back, "The presence of THC metabolites in the blood or urine does not correlate with impairment." We must make our legislation line-up with our available scientific research to protect our citizens.
Dr. Jennifer Minkovich is a Medical Cannabis Physician and the founder of The MMJ Advocate Doc, a Richboro-based practice that helps people with qualifying medical conditions get certified to obtain medical cannabis in Pennsylvania.
This article originally appeared on Bucks County Courier Times: Guest Opinion: PA DUI law sets up patients for wrongful arrest
