Marijuana DUI in Pennsylvania

As you are aware, driving under the influence of alcohol can lead to a DUI arrest. But can you get a DUI for marijuana use in PA?
The answer is YES! Driving under the influence of marijuana is a crime. You can be charged with a drug-related DUI after any marijuana use, even if you were not physically or cognitively impaired and have a legal prescription for Medical Marijuana.

Per Se DUI Laws for Marijuana

Per Se laws make it illegal to drive with a drug in your body that exceeds a specified limit. Pennsylvania Per Se Laws for Marijuana prohibit operating a motor vehicle with any amount of marijuana metabolite over one nanogram per milliliter in your blood.

However, the most important thing to know is that PA Per Se Marijuana DUI laws do not require proof that you were driving high! A police officer doesn’t even have to provide evidence of impaired driving to arrest you. All they need is reasonable suspicion that you’re under the influence of drugs.


Marijuana stays in the bloodstream for a short time, but THC metabolites can remain in a person’s body for days, weeks or even months, arguably with no effect on the person’s driving. However, just the presence of marijuana over one nanogram per milliliter in your bloodstream can lead to a conviction.

Marijuana DUI Criminal Penalties

Pennsylvania maintains severe penalties for a Marijuana DUI conviction. These penalties depend on the number of prior offenses the offender has that occurred within the last ten years. In addition, the judge can also order community service and require the offender to participate in drug and alcohol treatment.

1st Offense 2nd Offense 3rd Offense
Jail 72 hours to 6
90 days to 5 years 1 to 5 years
Fines $1,000 to
$1,500 to $10,000 $2,500 to
12 months 18 months 18 months
Conviction Misdemeanor First-Degree

Can Someone Charged with Marijuana DUI Face Other Charges?

Yes. Depending on the circumstances, if you are charged with Marijuana DUI, you may also be charged with:

  • Possession of a Controlled Substance
  • Possession of Drug Paraphernalia
  • Possession with Intent to Deliver Marijuana
  • Conspiracy with Other Co-Defendants

What are Schedule I Controlled Substances?

Pennsylvania and Federal Law classify Marijuana and related cannabis products as a Schedule I controlled substances. Schedule I Controlled Substances have a high potential for abuse, no currently accepted medical use, and lack of accepted safety for use under medical supervision. In addition to marijuana, Schedule I Controlled Substances include heroin, LSD, Ecstasy, morphine, and methaqualone.

The PA Motor Vehicle Code prohibits driving, operating, or exercising physical control over the movement of a vehicle when there is any amount of a Schedule I controlled substance, or a metabolite of that substance in your blood.

What are Pennsylvania Implied Consent Laws?

While many people associate implied consent laws with alcohol testing, the law applies to drugs as well. Most importantly, the law dictates that any person who drives a motor vehicle in Pennsylvania is deemed to have given consent to submit to a drug test if requested.

Refusal to submit to blood testing will result in the suspension of a driver’s license for 12 months.


Know the DUI Impairment Penalties in PA.


What happens at a DUI Checkpoint in Bucks County.

DUI Stop?

Know what to do if you get pulled over for DUI in PA.

Juvenile DUI

PA’s “Zero Tolerance” law lowers BAC for minors to .02%

Arrested for DUI?

With the right Marijuana DUI defense lawyer, you may be able to keep your record clean and put it all behind you. Before pleading guilty to a DUI, call Mack Law Offices for a Confidential DUI Consultation!

  • 40+ Years of DUI Defense Experience
  • Award-Winning Bucks County Defense Attorney
  • Handles Every Case Personally
  • Aggressively Protects Your Rights
  • Treats You With Respect
  • Provides Strategies Specific to Your Circumstances

Mack Law Offices will aggressively fight for your rights, work to protect your driver’s license, keep you out of jail, and reduce or eliminate any other penalties you may face.

Confidential DUI Consultation!

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