Investigation: Medical marijuana is an area of law that appears to be constantly changing

PHILADELPHIA (WPVI) — Marijuana legal guidelines are evolving and range from state to state, particularly in relation to DUI enforcement.

In Pennsylvania and Delaware, the DUI legal guidelines are referred to as “zero tolerance,” that means you could possibly get charged with DUI with any quantity of hashish in your system whether or not impaired or not.

Critics, together with Pennsylvania State Consultant Chris Rabb, consider that is unfair.

Rabb presently has a invoice that will change the regulation right here in Pennsylvania and require proof of impairment for DUI and hashish.

In mid-February, Consultant Rabb agreed to take a drug check to show his level.

“I really feel nice to do something as a result of I am not impaired,” stated Rabb, who takes hashish tinctures at evening to assist with sleep.

Tinctures are a liquid infused with hashish.

“I take a 3rd of dropper below my tongue and swallow it,” he stated.

It has been greater than 12 hours since he took his medical marijuana.

“I get up feeling bright-eyed and bushy-tailed with no signs,” he added.

Rabb is amongst almost a half million Pennsylvanians who’ve a medical marijuana card.

He stated he takes the tinctures after struggling Submit Traumatic Stress Dysfunction (PTSD) after he witnessed a brutal homicide in a nook retailer in 2016.

“These of us who have been there on the scene feared that he would kill us all,” he stated.

Dr. Brooke Worster is a professor of Medical Hashish Science and Medication at Thomas Jefferson College.

“Do you assume states like Pennsylvania and Delaware ought to transfer away from no tolerance and have proof of impairment?” requested Chad Pradelli.

“I do,” stated Worster.

Her opinion is the prevalence of THC within the bloodstream does not essentially equate to impairment.

“So that you’re left with a whole lot of guesswork, and particularly for individuals within the subject, when it comes to what’s secure and what is not, it is an actual problem,” she stated.

States together with New Jersey require proof of impairment to be charged with DUI for hashish.

At present, there isn’t a roadside check or know-how to find out ranges of THC, the psychoactive ingredient in marijuana that will get you excessive and show impairment.

However like different states, Pennsylvania State Police has seen a surge in drug DUIs that features marijuana.

“If they’ve taken it inside 24 hours, they’re nonetheless impaired,” stated Corporal John Witkowski.

Witkowski runs the state police DUI and Drug Recognition Company chargeable for recognizing drivers impaired on medicine together with marijuana.

He stated there is a false impression that marijuana and driving will not be a harmful mixture.

“They assume they’re secure to drive as a result of it has that phrase medical hooked up to it,” stated Witkowski.

Rabb stated he isn’t selling unsafe driving, however since THC ranges may seem in your system days after, utilizing the present regulation does not make sense.

“When you drive impaired, there must be penalties,” he stated. “I do not care what’s in your system.”

However Consultant Rabb stated the outcomes of his drug check outcomes additionally show his level.

“Mentioned I used to be stuffed with hashish. And I have been instructed I’m stuffed with a whole lot of issues (laughs), however I by no means noticed a check that stated I had hashish.”

He stated he took a severe danger taking a drug check for our story, exposing him to potential DUI, regardless of saying he by no means drives impaired.

“I am not a danger taker by nature, however I believe there’s so few individuals who can be snug speaking about this on-air with out severe repercussions,” he added.

Rabb presently has a invoice that will change the regulation right here in Pennsylvania to resemble New Jersey, and require proof of impairment for DUI and hashish.