{"id":51262,"date":"2021-11-19T05:42:43","date_gmt":"2021-11-19T13:42:43","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/11\/19\/dui-protections-for-pennsylvania-medical-marijuana-patients-derailed-following-police-pushback\/"},"modified":"2021-11-19T13:46:19","modified_gmt":"2021-11-19T21:46:19","slug":"dui-protections-for-pennsylvania-medical-marijuana-patients-derailed-following-police-pushback","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/11\/19\/dui-protections-for-pennsylvania-medical-marijuana-patients-derailed-following-police-pushback\/","title":{"rendered":"DUI Protections For Pennsylvania Medical Marijuana Patients Derailed Following Police Pushback"},"content":{"rendered":"

<\/p>\n

An attempt to provide protections for Pennsylvania medical marijuana patients from being charged with driving under the influence was derailed in the legislature this week, apparently due to pushback by the state police association.<\/p>\n

Lawmakers have been working to pass standalone legislation on the issue, ensuring that registered patients aren\u2019t penalized for having cannabis metabolites in their system, which can be detected for weeks after a person consumers cannabis. During a floor session in the House on Monday, Rep. Chris Rabb (D) sought to attach the language of the legislation to a broader vehicle-related bill as an amendment.<\/p>\n

But the amendment was later withdrawn from consideration after the Republican co-prime sponsor, Rep. Todd Polinchock (R), pulled his name from the standalone bill, which Rabb said was \u201cdue to concerns expressed to him\u201d by the Pennsylvania State Troopers Association.<\/p>\n

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Dem Chair of the #PAHouse<\/a> Transportation Cmte, Rep. Mike Carroll, just spoke on my amendment based on bipartisan legislation, HB900. But as of earlier today, my R co-prime sponsor has removed his name from the bill due to concerns expressed to him \u2014 not me \u2014 from @PAStatePolice<\/a>. https:\/\/t.co\/rnsQ2wQyg8<\/a><\/p>\n

\u2014 Rep. Chris Rabb (@RepRabb) November 15, 2021<\/a><\/p>\n<\/blockquote>\n

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The association recently circulated a position statement expressing opposition to the proposal, according to the lawmaker. Rabb told Marijuana Moment that he did not see the statement until after he learned that Polinchock removed his name from the legislation.<\/p>\n

Rabb met with a liaison for the police association on Thursday\u2014days after the House floor action\u2014and said the group expressed concern about \u201cthe potential muddling of what law enforcement could do in terms of proving impairment.\u201d<\/p>\n

\u201cThere\u2019s a perception\u2014generally speaking, not just with state troopers or law enforcement, but generally\u2014that somehow this amendment to this bill, which is identical to the standalone legislation I introduced, would somehow give impaired drivers who were impaired by cannabis a free pass, which it wouldn\u2019t,\u201d Rabb said. \u201cIt merely seeks to have parity for drivers, irrespective of the prescribed medication.\u201d<\/p>\n

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You\u2019ll have to ask the state police who have chosen not share their concerns with me \u2014 & perhaps not even the PA District Attorneys Ass\u2019n which supports HB900 because having traces of #cannabis<\/a> in one\u2019s system \u2014 even weeks after it has been ingested \u2014 does NOT prove impairment.<\/p>\n

\u2014 Rep. Chris Rabb (@RepRabb) November 15, 2021<\/a><\/p>\n<\/blockquote>\n

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Meanwhile, bipartisan Pennsylvania senators on Wednesday said they are introducing a bill that would also impact medical cannabis patients, allowing them to cultivate their own plants for personal use<\/a>.<\/p>\n

Rep. Mike Carroll (D), co-chair of the House Transportation Committee, spoke about the DUI protections issue on the floor on Monday before withdrawing the amendment. He said \u201cwe simply cannot have people using medical marijuana charged and convicted of a DUI when they\u2019re not impaired.\u201d<\/p>\n

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\u201cIt\u2019s patently unfair and currently happening,\u201d Carroll said. \u201cDistrict attorneys across the state have reached out to me and asked that something be done. House Bill 900<\/a> is the remedy. And in the absence of House Bill 900, this amendment is the remedy.\u201d<\/p>\n

After another lawmaker moved to table the amendment, Carroll, who did not mention the police concerns on the floor, said that other members of the legislature had asked him to withdraw the measure, which he then did.<\/p>\n

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\nMarijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills<\/a> in state legislatures and Congress this year. Patreon supporters<\/a> pledging at least $25\/month get access to our interactive maps, charts and hearing calendar so they don\u2019t miss any developments.<\/strong>
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Rabb, who is himself a medical cannabis patient and a founding member of the bicameral Pennsylvania Cannabis Caucus, said next steps for advancing the reform would involve \u201cgetting more stakeholders in law enforcement\u201d to offer their support and promoting \u201cpublic literacy around this issue\u2014not just cannabis, but how it intersects with law enforcement.\u201d<\/p>\n

The broad driving legislation<\/a> the Rabb wanted his amendment attached to has now passed the House and is on its way to the Senate.<\/p>\n

In that chamber, the Transportation Committee held a hearing in September on a nearly identical standalone bill<\/a> that\u2019s being sponsored by Sen. Camera Bartolotta (R).<\/p>\n

Health professionals, lawyers and law enforcement officials highlighted the unique complications that cannabis patients and police face under the current statute and the constitutionality of the proposed reform.<\/p>\n

The legislation would specifically amend state law to require proof of active impairment before a registered patient could be prosecuted for driving under the influence. The current lack of specific protections for the state\u2019s roughly 368,000 patients puts them in legal jeopardy when on the road, supporters say.<\/p>\n

The measure would essentially make it so medical cannabis would be treated the same by law enforcement as Schedule II and III drugs such as prescription opioids and anti-anxiety medication.<\/p>\n

Bartolotta\u00a0first introduced an earlier version<\/a>\u00a0of her\u00a0bill<\/a>\u00a0in June 2020. She said at the time that the state needs to \u201censure that the legal use of this medicine does not give rise to a criminal conviction.\u201d<\/p>\n

Months after the standalone reform legislation was introduced, the Pennsylvania House did approve a separate amendment that would enact the policy change<\/a>.<\/p>\n

Pennsylvania legalized medical marijuana in 2016, with the first dispensaries in the state opening in 2018. But the state\u2019s zero-tolerance DUI law still doesn\u2019t reflect those changes.<\/p>\n

Experts and advocates have emphasized that evidence isn\u2019t clear on the relationship between THC concentrations in blood and impairment.<\/p>\n

A study published in 2019, for example, concluded that those who drive at the legal THC limit\u2014which is typically between two to five nanograms of THC per milliliter of blood\u2014were not statistically more likely to be involved in an accident<\/a>\u00a0compared to people who haven\u2019t used marijuana.<\/p>\n

Separately, the\u00a0Congressional Research Service in 2019 determined<\/a>\u00a0that while \u201cmarijuana consumption can affect a person\u2019s response times and motor performance\u2026 studies of the impact of marijuana consumption on a driver\u2019s risk of being involved in a crash have produced conflicting results, with some studies finding little or no increased risk of a crash from marijuana usage.\u201d<\/p>\n

Outside of the driving issue, Pennsylvania lawmakers are also pursuing separate marijuana reforms in the state.<\/p>\n

For example, a lawmaker introduced a bill last month to expand the number of medical marijuana cultivators<\/a> in the state, prioritizing small farms to break up what she characterized as a monopoly or large corporations that\u2019s created supply problems.<\/p>\n

The legislation would still not allow medical cannabis patients to grow their own medicine, however. Efforts to add that right have\u00a0been defeated in the legislature<\/a>.<\/p>\n

A much-anticipated bipartisan Senate bill to legalize marijuana in Pennsylvania that has been months in the making\u00a0was formally introduced earlier last month<\/a>.<\/p>\n

Sens. Dan Laughlin (R) and Sharif Street (D) unveiled the nearly 240-page legislation months after\u00a0first outlining some key details<\/a>\u00a0back in February. It would allow adults 21 and older to purchase and possess up to 30 grams of cannabis, five grams of marijuana concentrate products and 500 milligrams of THC contained in cannabis-infused products.<\/p>\n

Meanwhile, Rep. Amen Brown (D) recently\u00a0announced his intent to file a reform bill<\/a>\u00a0that he\u2019ll be working on with\u00a0Sen. Mike Regan (R), who expressed his support for the policy change a day earlier<\/a>.<\/p>\n

Additionally, a separate pair of state lawmakers\u2014Reps. Jake Wheatley (D) and Dan Frankel (D)\u2014formally unveiled a legalization bill they\u2019re proposing<\/a>.<\/p>\n

While each measure generally seeks and end to marijuana criminalization by creating a regulated, commercial model for cannabis, there are some provisions that make each piece of legislation unique. For example, the proposals vary in how they would approach taxes, revenue and social equity.<\/p>\n

While these recent moves to enact reform in the GOP-controlled legislature are encouraging to advocates, a spokesperson for House Majority Leader Kerry Benninghoff (R) recently tempered expectations, saying that there\u2019s \u201cno significant support for the legalization of recreational marijuana in the House Republican caucus.\u201d<\/p>\n

Lt. Gov. John Fetterman (D),\u00a0who is running for U.S. Senate<\/a>, told Marijuana Moment in a recent phone interview that he\u2019s optimistic about the prospects of reform with these latest proposals, though he acknowledged that there may be disputes between legislators over how tax revenue should be distributed.<\/p>\n

Gov. Tom Wolf (D), for his part, has said that a bipartisan approach to legalization \u201cwould be a great thing. I think the time is right.\u201d<\/p>\n

Philadelphia voters also approved a referendum on marijuana legalization<\/a> this month that adds a section to the city charter saying that \u201cthe citizens of Philadelphia call upon the Pennsylvania General Assembly and the Governor to pass legislation that will decriminalize, regulate, and tax the use, and sale to adults aged 21 years or older, of cannabis for non-medical purposes.\u201d<\/p>\n

Wolf\u00a0said earlier this year that marijuana legalization was a priority<\/a>\u00a0as he negotiated the annual budget with lawmakers. However, his formal spending request didn\u2019t contain legislative language to actually accomplish the cannabis policy change.<\/p>\n

The governor, who signed a medical cannabis expansion bill in June<\/a>, has repeatedly called for legalization and\u00a0pressured the Republican-controlled legislature to pursue the reform<\/a>\u00a0since\u00a0coming out in favor of the policy in 2019<\/a>. Shortly after he did that, a lawmaker filed a separate bill to\u00a0legalize marijuana through a state-run model<\/a>.<\/p>\n

In May,\u00a0Wolf pardoned a doctor<\/a>\u00a0who was arrested, prosecuted and jailed for growing marijuana that he used to provide relief for his dying wife. That marked his\u00a096th pardon for people with cannabis convictions<\/a>\u00a0through the Expedited Review Program for Non-Violent Marijuana-Related Offenses that\u2019s being run by the Board of Pardons.<\/p>\n

A survey from Franklin & Marshall College released this week found that\u00a060 percent of Pennsylvania voters back adult-use legalization<\/a>. That\u2019s the highest level of support for the issue since the firm started polling people about it in 2006.<\/p>\n

\n

Bipartisan Wisconsin Lawmakers Unveil Marijuana Decriminalization Bill<\/a><\/p>\n<\/blockquote>\n

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\u00a0<\/p>\n

The post DUI Protections For Pennsylvania Medical Marijuana Patients Derailed Following Police Pushback<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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An attempt to provide protections for Pennsylvania medical marijuana patients from being charged with driving under the influence was derailed in the legislature this week, apparently due to pushback by the state police association. Lawmakers have been working to pass standalone legislation on the issue, ensuring that registered patients aren\u2019tContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":51263,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/51262"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=51262"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/51262\/revisions"}],"predecessor-version":[{"id":51264,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/51262\/revisions\/51264"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/51263"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=51262"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=51262"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=51262"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}