Defending Drivers Accused of Medical Marijuana DUIs in Pennsylvania
The use of medical marijuana is becoming increasingly common in Pennsylvania. While its benefits for patients are undeniable, many responsible users find themselves unfairly targeted by law enforcement. If you've been accused of driving under the influence of medical marijuana, it's essential to know your rights and have a skilled attorney on your side.
Mike Sherman, a leading Pennsylvania DUI attorney, has the experience, training, and scientific knowledge to defend clients facing medical marijuana DUI charges. With over 37 years of courtroom experience, he knows how to challenge these cases and fight for justice.
Unfair Treatment of Medical Marijuana Users
Many drivers with valid medical marijuana cards are being pulled over and arrested without any evidence of impairment. Police often assume that the mere presence of THC in the bloodstream equates to impairment, even though scientific studies show this is not the case. Unlike alcohol, there is no universally accepted level of THC that indicates a person is unfit to drive.
In Pennsylvania:
- THC Metabolites Are Penalized: Drivers can be charged even if only inactive THC metabolites are present in their system, which can linger for weeks after use and have no effect on driving ability.
- No Proof of Impairment Is Required: Police frequently arrest drivers without evidence of erratic behavior or impaired driving, relying solely on blood test results.
- Medical Marijuana Users Are Vulnerable: Despite using cannabis legally, patients with medical marijuana cards often face the same harsh penalties as those using illegal drugs.
How Police Target Medical Marijuana Users
During traffic stops, officers may:
- Claim to Smell Marijuana: Even if you are not actively using, an officer may allege they detect an odor of cannabis, leading to further investigation. They may simply see a medical marijuana card and jump to the conclusion you were impaired.
- Administer Field Sobriety Tests: These tests are subjective and not validated for detecting marijuana impairment.
- Request Blood Tests: THC levels in blood can be misleading, as THC is fat-soluble and can remain in the body long after its effects have worn off.
Unfortunately, many drivers are arrested and charged based solely on these flawed methods.
Defenses Against Medical Marijuana DUIs
Mike Sherman is dedicated to protecting the rights of medical marijuana users. He has successfully defended clients by:
- Challenging the Procedures: Often, there is no probable cause to get a motorist out of his vehicle. It is not probable cause to pull a citizen out of a vehicle because they possess a medical marijuana card or medical marijuana.
- Challenging Blood Test Results: Mike's training in forensic science allows him to identify errors in blood testing procedures and demonstrate that THC levels do not correlate with impairment.
- Exposing Flaws in Police Procedures: From improper administration of field sobriety tests to violations of constitutional rights, Mike thoroughly investigates every aspect of your case.
- Highlighting Legal Use: Having a medical marijuana card is not a crime. Mike ensures that the court understands the difference between lawful use and impairment.
Real-Life Success Stories
- Medical Marijuana DUI – Charges Dropped: A driver with a valid medical marijuana card was stopped for a minor traffic violation. Despite no evidence of impairment, the police arrested them based on blood test results. Mike demonstrated that the THC levels were consistent with lawful medical use and not impairment. Result: All charges dismissed.
- Low THC Levels – Not Guilty: A client was accused of driving under the influence after a routine traffic stop. Mike's expert witness testified that the low THC levels indicated past use and had no impact on the client's driving ability. Result: Not guilty.
Why You Need an Attorney with a Proven Track Record
Defending a medical marijuana DUI requires specialized knowledge of:
- The science of THC absorption and elimination.
- Flaws in blood testing methods and interpretation.
- The nuances of Pennsylvania's DUI and medical marijuana laws.
Mike Sherman's extensive training in these areas gives him the edge needed to defend your case effectively. His hands-on experience with forensic testing and deep understanding of DUI law make him uniquely qualified to fight for your rights.
The Stakes Are High
A medical marijuana DUI conviction can result in:
- Fines and Jail Time: Penalties can range from substantial fines to lengthy incarceration.
- License Suspension: Losing your driving privileges for months or even years.
- Collateral Consequences: Damage to your reputation, job loss, and increased insurance rates.
- Ignition Interlock: Even for drug-related DUIs, you may be required to use this alcohol-detecting device on your vehicle before you can get your license back.
Take Action Now
Don't let a medical marijuana DUI charge jeopardize your future. With Mike Sherman's help, you can challenge the charges and protect your rights. Call today for a free, no-obligation consultation at (412) 471-5000.
Mike Sherman understands the challenges medical marijuana users face and is committed to providing the aggressive, knowledgeable defense you deserve. Let's fight this together and secure the best possible outcome for your case. Call (412) 471-5000 now.
