The Cannavist USA Issue 1 | Page 74

“If there is any detectable amount of THC or THC metabolites in your blood you can be prosecuted and convicted of driving under the infl uence.” When you hear ‘driving under the influence’ you tend to automatically assume the driver was impaired by alcohol consumption. However, due to recent law changes, there are increasing numbers of cannabis DUI cases emerging, but there is a difference: many of these drivers are not impaired. In between working cases varying from harassment to homicide, lawyer Patrick Nightingale occupies himself with his work as executive director for Pittsburgh’s National Organization for the Reform of Marijuana Laws (NORML). We spoke to him about the medical cannabis legislation of his hometown, and what rights patients have when on the road. “Pennsylvania introduced a medical marijuana bill in 2009 and I decided to add my voice. “I’m a former prosecutor, a criminal defense attorney and back then you didn’t have too many people like myself who are professionals, coming out and speaking in support of cannabis reform. “The main issue is Pennsylvania being a zero-tolerance state for THC metabolites. That means if there is any detectable amount of THC or THC metabolites in your blood you can be prosecuted and convicted of driving under the infl uence. “There is absolutely no requirement for law enforcement to prove impairment.” Essentially, this means once an offi cer suspects a driver may be in possession of legal medical marijuana or may have access to medical marijuana, they can arrest them on DUI charges, regardless of whether the suspect has actually consumed cannabis or not. The driver is then subjected to a blood test, and if there are any traces of the psychoactive cannabis compound THC in the blood sample, he or she can be convicted of driving under the infl uence. But what if they are not ‘under the infl uence?’ “It doesn’t matter, impairment is irrelevant,” says the legal expert. “Pennsylvanian medical marijuana patients are in desperate need of a DUI reform at the very least. “We’ve got a ten nanogram per milliliter THC limit for working 74