This Comment explores how Pennsylvania’s legalization of medical marijuana conflicts with Pennsylvania’s drugged driving laws. Much like Governor Wolf’s approach, it not only examines the issue through Pennsylvania’s laws and court cases but will also incorporate the efforts of other states to tackle the same issue. Section II of this Comment provides an overview of the history of DUI enforcement; Pennsylvania’s DUI statute; marijuana and its effects, particularly those on driving ability; Pennsylvania’s medical marijuana statute; and Pennsylvania case law regarding marijuana-related DUIs. Section III then suggests how to balance Pennsylvania’s dilemma between maintaining public safety through tough DUI laws and ensuring legal protections to medical marijuana patients. As part of this proposed solution, Part III.C analyzes Colorado, Arizona, and New York’s medical marijuana laws and how those laws interact with each state’s DUI laws.
Michael DeAngelo is a J.D. Candidate, Temple University Beasley School of Law, 2020.