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Medicinal Marijuana: Not a Defense for a DUI

pennsylvania-dui-lawyerAs we see a relaxation of attitudes and laws surrounding marijuana, we’re also seeing a lot more misconceptions about what this all means when it comes to getting arrested.

We’re also seeing a disturbing upward trend of DUI charges for marijuana.

A few people have contacted us regarding a DUI for pot, and claiming they have a medical condition that can be treated with medicinal marijuana.

That may be the case, but it has absolutely no relation to DUI charges.

Even if you are prescribed a medication from a Doctor– any medication– you can still get a DUI for operating a motor vehicle while using that medication.

In the case of marijuana, the guidelines for prescribing medicinal marijuana have not even been put in place yet. There is still a board certification process before we even have Doctors who can prescribe MM.

The qualifying medical conditions list is still rather small, and the method of delivery hasn’t been completely worked out yet, beyond the fact that it WILL NOT INCLUDE SMOKING MARIJUANA.

Possession and use of marijuana is still illegal.

Driving Under the Influence (DUI) of almost any mind or mood altering substance is illegal, regardless of whether or not it was prescribed by a Doctor.

Decriminalization does not mean marijuana is legal, and no matter how legitimate a medical condition is, one cannot prescribe their own medication.

A Judge may be willing to take a legitimate medical condition into consideration when pronouncing sentence in cases involving marijuana, but it is not a defense.

If you or someone you know has been arrested for a DUI involving marijuana, or any substance, please give us a call. We’ll talk about your situation and look for ways to reduce and even eliminate the potential damage whenever and wherever possible.

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Patrick NightingaleMedicinal Marijuana: Not a Defense for a DUI