Q: Can you be arrested for marijuana DUI while not intoxicated?

My fiancé was arrested for his friend leaving a marijuana roach in his car. He has his medical marijuana license and wasn't aware his friend did that. The cops pulled him over for having a tail light out. The cop noticed the roach right away and told him he was impaired. Had him do a sobriety test. They had him do it on a hill and even said that that's not how they normally do it. And then proceeded to tell him that he was intoxicated even though he said hadn't ingested marijuana for about a couple hours. They confiscated his medical marijuana and the roach and arrested him. They also performed a blood test. He was released as soon as someone could pick him up. How can they prove he he was impaired at the time? He hasn't been given a charge either. Also left with his license. (I've read they typically take the drivers license with charges of DUIs) How long do you have to wait to know of being charged?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: The wait is for the blood work. He should request his license. There is no automatic suspension in Pennsylvania. They would have to show that the THC in his blood was sufficient for him to be intoxicated. If they press the charges he should have an attorney. By the way he shouldn't drive with marijuana in his system, medical card or not. The medical card just says he may possess it if purchased legally. It doesn't say he can drive around with it in his system.

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