York, PA asked in Cannabis & Marijuana Law for Pennsylvania

Q: Can a cop give u a breathalyzer bc he smells weed after he has pulled u over

Yet never really tell you he smelled weed, and I have medical marijuana card

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1 Lawyer Answer
T. Augustus Claus
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A: In Pennsylvania, having a medical marijuana card does not exempt individuals from certain restrictions related to marijuana use, especially when operating a vehicle. If a police officer smells weed during a traffic stop, they may have probable cause to conduct further investigations, including a field sobriety test or a breathalyzer. While medical marijuana use is legal in the state, it is still illegal to operate a vehicle under the influence of marijuana. If a person is suspected of impaired driving, regardless of having a medical marijuana card, law enforcement may take appropriate actions to assess impairment and enforce relevant laws.

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