The modernization of Pennsylvania's DUI laws could be on the way: State Rep. Chris Rabb reintroduced a bill in Harrisburg on Wednesday that would protect unimpaired drivers who are legal users of medical cannabis.
The impetus for this bill is that traces of marijuana can remain in a person's body for weeks after consumption, which can lead to a medical cannabis license holder failing a blood test and being charged with driving under the influence even without showing signs of impairment during a traffic stop.
MORE: As traffic on Delaware River Bridge rises, Pa. and N.J. turnpikes weigh options to ease congestion
"Nine years after legalizing medical cannabis for patients, we still have not addressed this fundamental flaw in our law, which could jail someone for driving weeks after taking their medication," Rabb, D-Philadelphia, said in a press release. "Yet, we as a government are more than happy to cash in on the tax revenue generated by medical cannabis. It's perverse but easily corrected. This legislation will set things right."
The bill is designed to protect medical cannabis patients, not people who use marijuana recreationally, which remains illegal in Pennsylvania, nor motorists who drive under the influence of cannabis. If it passes, the change would mean law enforcement would view medical marijuana akin to any other prescribed medication, and impairment while driving would be a key factor, not just a positive blood test.
This the fourth time Rabb has introduced legislation that would update Pennsylvania's DUI law. He last introduced this bill in 2023, which drew support from the American Civil Liberties Union of Pennsylvania.
"A medical cannabis user can take a minuscule amount of medicine for their ailment and weeks later, with traces of cannabis still in their system, be subject to arrest on a DUI charge if pulled over – not because they've driven impaired, but because our state laws haven't caught up with the science," Rabb continued. "It's time for Pennsylvania to modernize its laws and protect patients who are doing nothing wrong."
The acceleration of cannabis laws being passed puts states across the nation in a tricky position, as those policies are being enacted faster than law enforcement can keep up. Legislation, such as what Rabb has reintroduced, aims to curb over-policing here.
To date, 39 states have legalized medical cannabis and 24 have legalized recreational cannabis. In New Jersey, where recreational use has been legal since 2021 and medical marijuana has been allowed since 2010, officials are still grappling with how to handle DUIs.
In a recent effort in 2024, bills were introduced in the state's Senate and Assembly that would require a motorist to provide a blood sample upon request from a law enforcement officer who suspects the person of driving while high. New Jersey state laws already includes similar "implied consent" mandating brethalyzer tests for people suspected of driving drunk.
Under the proposals, if a blood test detects more than 3 nanograms of THC, the active compound in marijuana, a driver can be deemed under the influence. There is no national standard for driving under the influence of cannabis, and it remains up to states to set their own THC limits. New Jersey currently has no THC threshold for drivers, just that driving under the influence of drugs is prohibited. The limit in Nevada and Ohio is 2 nanograms, and in Illinois and Washington, it is 5 nanograms.
New Jersey's bills were referred to their respective legislative committees but no further action has been taken.
Minnesota has tested a piece of police equipment that analyzes saliva for THC. That pilot program ended in early 2025. Officers in a handful of other states have tried out the saliva test, as well, including Colorado, the first state that legalized licensed cannabis sales recreationally in 2014. And in October in Arizona, a state that has legal recreational cannabis usage, a judge ruled that drivers must be impaired to face DUI penalties, not merely because they have traces of THC in their bloodstream.
This all comes to head after Pennsylvania's past failed attempts at the legalization of recreational cannabis, which could again be on the table this year with possible bipartisan support.