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Future legislation would remove DUI penalties for medical marijuana users

The legislation would not allow medical marijuana users to get a DUI simply because they use the drug.

HARRISBURG, Pa. — A state senator is planning to introduce legislation to help Pennsylvanians on medical marijuana. Right now, the state has a zero tolerance policy when it comes to driving under the influence and marijuana use, which means medical marijuana patients, who are not high, can be charged with a DUI because there is THC in their blood.  

"Because medicinal use is legal in Pennsylvania," said State Sen. Camera Bartolotta, a republican who plans to introduce the legislation. "We need to clean up some of the language in these laws that effect its reasonable, responsible and legal use."

Sen. Bartolotta is planning to introduce the legislation. It would amend the state's vehicle code to require proof of impairment for a DUI conviction of a medical marijuana user. 

 "If they're under the care and supervision of a facility that recommends the legal use of medicinal cannabis and they get pulled over for some tail light out," said Sen. Bartolotta. "They don't have to risk the possibility of getting a DUI simply because they are under that recommended care."

She believe this could open up the door for more people who suffer from chronic illness to use the drug because they will no longer fear a DUI simply for using the drug. 

"We'll make it, so people who are in legal limits, who are not driving under any kind of an influence are able to utilize this medical phenomenon we're able to utilize in Pennsylvania legally," said Sen. Bartolotta. 

She says, this legislation has already received bipartisan support. She wants to get it passed by the general assembly quickly and on the governor's desk by the end of session in June. 

The Pennsylvania DUI Association says, it can't comment on this specific legislation until it's introduced but, they do not support any legislation that would allow impaired drivers on the roads. 

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