One issue that arises in drug crimes, specifically those involving an allegation of the possession of marijuana is, are Medical Marijuana cards a defense to drug crime charges in the state of Pennsylvania. And the answer to this question is sometimes. Recently the Commonwealth of Pennsylvania has approved the medicinal use of marijuana. Intent to Deliver Unfortunately, some criminal defendants take that to mean that they are allowed to drive their vehicle on a roadway in Pennsylvania after ingesting pot so long as the marijuana was prescribed medically. Unfortunately, the law in the Commonwealth of Pennsylvania makes it illegal for any individual to operate a motor vehicle with any marijuana in his system. This is true regardless of whether or not the marijuana was prescribed by a doctor or purchased on a street corner. This is also true regardless of whether the marijuana has any actual effect on a criminal defendant’s ability to safely drive his car. The rule regarding DUI and marijuana in Pennsylvania is that a defendant is guilty of DUI so long as marijuana is in the bloodstream of a driver, even if the marijuana is no longer impairing his driving.
Another issue concerning drug crimes and Medical Marijuana Cards in Pennsylvania concerns the possession of marijuana. Entrapment An individual is permitted to use and smoke marijuana in the state of PA so long as it is prescribed medically. That same person is not therefore permitted to purchase or acquire marijuana from the street corner however. Additionally, he is also not permitted to give or sell that marijuana to another person. If he did so he could be charged and convicted of a felony. Make sure to contact the experienced Drug Crimes attorneys at the Law Offices of Kelly & Conte regarding these types of situations.