Fairfield, PA asked in DUI / DWI, Health Care Law and Medical Malpractice for Pennsylvania

Q: Can a D&A treatment program legally require you to stop taking perscription medication?

I recievced a dui and had minimal amounts in my system at the time with zero record or history of abusing my medication. Perscription is Medical Marijuana for the last 2 years

1 Lawyer Answer
Mr. Ryan L Hyde
Mr. Ryan L Hyde
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Exton , PA
  • Licensed in Pennsylvania

A: Any trace of marijuana in your system makes it illegal to drive. It is a per se DUI. So while Marijuana is rapidly legalizing the DUI laws are showing no signs of changing in that regards. Can a treatment program force you to stop taking marijuana is another matter entirely. Typical attorney answer, it depends. Realistically, a treatment program cannot force you to do anything. They can kick you out which can lead to a violation of your probation. Additionally, many probation departments do not allow prescription marijuana while on supervision. The courts have been struggling with this issue for a while now. Your best bet is to contact locally experienced counsel as they can best advise you on what the probation department will do.

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