The PA Superior Court has recently held that “marijuana remains a Schedule I controlled substance under current Pennsylvania law and, therefore, the Commonwealth is not required to prove that the marijuana in an individual’s bloodstream is non-medical marijuana for purposes of proving DUI.”
This case arose on appeal from the Commonwealth after the trial court denied the Commonwealth’s Motion to reject Defendant’s proposed jury instructions that (1) medical marijuana is not a Schedule I controlled substance under Pennsylvania law and (2) in order to convict Appellee of Driving Under the Influence (DUI) in violation of 75 Pa.C.S. § 3802(d)(1), the Commonwealth was required to prove that the source of the marijuana discovered in Appellee’s bloodstream was non-medical marijuana as opposed to medical marijuana. The requested instructions were given.
The Superior Court noted that “[a]lthough the record indicate[d] that Appellee [was] a medical marijuana patient, the relevant DUI statute specifically prohibits driving with the presence of any amount of a Schedule I controlled substance in the driver’s blood, regardless of the driver’s status as an authorized user.”
Additionally, “despite the passage of the Medical Marijuana Act, it still is illegal in Pennsylvania to smoke or vape marijuana while driving.”
In sum, the Court concluded that “if an individual ingests marijuana while driving, it is immaterial whether the marijuana is medical or non-medical or if that individual possesses a valid medical marijuana card; driving while smoking or vaping marijuana remains illegal.”