If I buy marijuana legally in Maryland or at a Party and smoke it on the way back to Pennsylvania l, can I get a DUI?

 

The first thing to keep in mind is that recreational marijuana is not legal until July 2023. Laws still need to be passed in their legislature.

Even when marijuana use becomes legal in Maryland, that does not change the situation here in PA. Currently, it is illegal to drive under the influence of marijuana and the penalty is rated at the highest level of impairment.  On a first offense you can be looking at up to 6 months in prison and up to 12 months of license suspension.

First Offense

 
 

Penalties

  • Jail sentence from 3 days to 6 months
  • License suspension for 12 months (interlock immediately)
  • Ignition interlock for 12 months
  • Fees and costs not less than $3000
  • Fines between $1,000 and $5,000

Second Offense

 
 

Penalties

  • First degree misdemeanor conviction
  • Jail sentence of 90 days to 5 years
  • License suspension for 18 months (ignition interlock after 9 months)
  • Ignition interlock for 12 months
  • Fees and costs not less than $3000
  • Fines ranging from $1,500 to $10,000

Third Offense

 
 

Penalties

  • Felony of the third degree
  • Jail sentence from 1 to 7 years.
    Sentence to be served consecutively to any other sentence.
  • License suspension for 18 months (interlock after 9 months)
  • Ignition interlock for 12 months
  • Fees and costs not less than $5000
  • Fines ranging from $2,500 to $15,000
  • Mandatory DNA sampling and placement into FBI database forever

Be smart and safe. You can still get in a lot of trouble if you drive after using marijuana. What’s worse is that it can stay in your system for days after use so it can show up on your blood tests even if you haven’t smoked recently.

DUI-D (DUI Drugs) cases are complex because of all the science involved. That is why you call us. We are the firm that fights the science cases. We are built for this.

If you get charged with a DUI drugs case, call us at (717) 657-3900.

Our Clients are entitled to a Bill of Rights which states:

  • Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
  • Our clients have the right to expect plain speaking, straight shooting. No B. S.
  • Our clients have the right to expect us to do it right the first time, every time.
  • Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
  • Our clients have the right to expect that they will be fully informed at all times.

This is our promise to you. Call today to get us on your side: (717) 657-3900.

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.