Pennsylvania Lawmakers Approve Bills To Protect Medical Cannabis Patients From DUI Charges

Pennsylvania lawmakers have advanced a pair of bills meant to prevent police from charging medical cannabis patients with impaired driving without proof of intoxication.

The Senate version of the legislation from Sen. Camera Bartolotta (R) cleared the Senate Transportation Committee, with amendments, in a unanimous vote last week.

Meanwhile, a House bill sponsored by Rep. Christopher Rabb (D), which is drafted differently but meant to achieve the same goal, passed that chamber’s Transportation Committee, 14-10.

Bartolotta said the measure—an earlier version of which also advanced last year—is designed to close a “loophole” in Pennsylvania’s medical cannabis law that currently permits law enforcement to arrest and prosecute patients for driving under the influence of marijuana without demonstrating that they are actively impaired.

“In 2016, we legalized the use of medicinal cannabis for a myriad of conditions. We were very careful with how the language was crafted in an attempt to avoid unintended consequences,” the senator said during the committee meeting. “Since that time, it has become very obvious that we overlooked one very important aspect.”

She pointed out that the majority of states, including some that have not legalized medical marijuana, require proof of impairment for DUI cases. But Pennsylvania’s law maintains that cannabis is considered a Schedule I drug for the purposes of impaired driving, regardless of a person’s status as a state-registered medical marijuana patient.

That’s led to situations where people have faced DUI charges after being stopped by police, identifying as a medical cannabis patient and then being required to submit to a drug test that showed the presence of inactive THC metabolites, which can stay in a person’s systems for days or weeks after using marijuana.

“No one should be put through this situation if they are legally and responsibly using medical cannabis in Pennsylvania,” Bartolotta said. “It is past time that we correct this egregious oversight.”

Her bill as amended in committee says that, for lawful medical cannabis patients, “proof of actual impairment shall be required if the individual is unable to safely drive, operate or be in actual physical control of a vehicle.” A medical marijuana certification “shall not, in and of itself, be sufficient evidence for a conviction.”

Also, having a medical cannabis card on its own could not be used as the basis to charge a person with a DUI, nor could it be used as grounds to require a drug test.

It further states that nothing about the bill would interfere in the enforcement of marijuana policies for federally regulated drivers operating commercial vehicles or school buses.

Under both the Senate and House bills, police would need to rely on standard field sobriety tests and drug recognition experts to make a determination that a medical marijuana patient was driving under the influence.

The House legislation that cleared committee was amended with language requested by the State Police and Pennsylvania Department of Transportation that, like the Senate version, clarifies that federally contracted or licensed commercial drivers are not covered under the protections.

“I take this very seriously as the father of a new driver,” Rabb, the sponsor, said during last week’s hearing. “I also take this seriously for those hundreds of thousands of Pennsylvanians who have drivers licenses and medical cannabis cards, who have no idea that they are imperiled just getting behind the wheel—not because they’re impaired, but because of how law enforcement may view them behind the wheel.”

The lawmaker said that, when he became a medical cannabis patient himself, he “didn’t think I would have any issues” because he doesn’t use intoxicating products, abides by the state’s law and doesn’t drive while impaired.

“I was wrong,” he said, noting that he’s received a “flurry” of messages from medical cannabis patients since first introducing his bill, detailing how their “lives have been turned upside down” because they were charged with DUIs without proof of impairment.

“All this bill seeks to do is to set the level playing field—same with any other medications,” he said. “Otherwise, medical cannabis shouldn’t be considered illegal, but it is. So, one standard. One standard.”

The text of his legislation would revise the state’s criminal code to specify that medical cannabis is not considered a Schedule I drug in suspected DUI cases, except for licensed commercial drivers.

My #cannabisDUI just passed in the #PAHouse Transportation Cmte meeting just now with bipartisan support!

This bill protects the 100s of thousands of law-abiding, UNIMPAIRED PA drivers who are responsible #medicalcannabis users from wrongful #DUI arrests.#cannabispic.twitter.com/Gavev4wUlZ

— Rep. Chris Rabb (@RepRabb) December 11, 2023

Rabb also secured the medical cannabis DUI protections reform as an amendment to a large-scale transportation bill that passed the full House in 2020. However, that bill was not ultimately enacted.

Both of the latest Senate and House proposals were approved in their respective committees during the final days of the 2023 session. Members are scheduled to come back into session in early February, after which point the bills could continue to advance, though at some point the chambers would need to reconcile the differing language.

Bartolotta said in a post on X (formerly Twitter) on Tuesday that she’s “very encouraged” that her bill “will be put up for a vote as soon as we get back.”

My bill passed out of committee and is now awaiting a floor vote in the Senate. We will be back to session in February and I am very encouraged that it will be put up for a vote as soon as we get back.

— Camera Bartolotta 🇺🇸 (@CameraForSenate) December 19, 2023

While the reform appears positioned to advance further, advocates remain frustrated that lawmakers in the divided legislature have so far failed to enact broader marijuana legalization, especially as neighboring states implement their own adult-use markets.

However, as momentum has built, a Pennsylvania House committee held a second informational hearing on marijuana legalization last week. After Ohio voters’ decision last month to legalize recreational cannabis, both Pennsylvania’s governor and U.S. Sen. John Fetterman (D-PA) have said it’s time for Pennsylvania to make the change, too.

Fetterman said recently that the state is being “lapped” on marijuana policy as neighboring states enact legalization.

Bartolotta as well as pro-legalization Sen. Sharif Street are separately seeking co-sponsors for a more modest change, circulating a legislative proposal that would decriminalize marijuana by downgrading simple possession from a misdemeanor crime to a civil offense.

Meanwhile, Gov. Josh Shapiro (D) signed a bill last week to allow all licensed medical marijuana grower-processors in the state to serve as retailers and sell their cannabis products directly to patients. Independent dispensaries could also start cultivating their own marijuana.

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California Governor Signs Bill To Allow Medical Marijuana Use In Hospitals For Severely Ill Patients

The governor of California on Tuesday signed a bill to require hospitals to permit medical marijuana use by certain patients.

Gov. Gavin Newsom (D) approved the legislation, signaling that his prior concerns about an earlier version that he reluctantly vetoed in 2019 have since been resolved.

The bill’s sponsor, Sen. Ben Hueso (D), has been pushing for his measure to allow cannabis use in medical facilities for terminally ill patients over multiple sessions. He recently sent a letter to the head of the U.S. Department of Health and Human Services (HHS) seeking clarification on whether the policy change could jeopardize federal funding for those facilities.

“It is inconceivable to me that, in a state where medical cannabis was legalized more than 25 years ago, those in deepest suffering receiving treatment in our state’s healthcare facilities cannot access this proven, effective and prescribed treatment,” Hueso said in a press release.

“Instead, terminally-ill patients in California healthcare facilities are given heavy opiates that rob them of their precious last moments with family and friends,” he said. “This is a simple, yet critical, move that will provide relief, compassion and dignity to terminally-ill Californians.”

Thrilled to share that today @CAGovernor signed my bill known as “Ryan’s Law,” which requires that hospitals & certain types of healthcare facilities in California allow terminally-ill patients to use #medicalcannabis for treatment and/or pain relief. https://t.co/KSKXtbU0B4

— Senator Ben Hueso (@SenBenHueso) September 29, 2021

Confusion about possible implications for permitting marijuana consumption in health facilities led to Newsom’s 2019 veto decision. Representatives from both HHS and the governor’s office have recently reached out to Hueso to say that they were continuing to look into the matter.

Hueso received a letter from the Centers for Medicare and Medicaid Services (CMS) several months ago stating that there are no federal regulations in place that specifically address this issue and that the agency isn’t aware of any cases where funding has been pulled because a hospital allows patients to use medical cannabis.

“With this confirmation from CMS and the safeguards in the law, we are confident that healthcare facilities have the necessary authority to implement these provisions while ensuring the safety of other patients, guests, and employees of the healthcare facility, compliance with other state laws, and the safe operations of the healthcare facility,” the senator said.

There are some restrictions embedded in the new law. For example, patients receiving treatment for emergency care wouldn’t be covered, and smoking and vaping marijuana would be prohibited. It also stipulates that hospitals aren’t required to provide or dispense cannabis.

Newsom didn’t release a statement about the hospitals bill, which his office announced he signed along with more than two dozen other pieces of unrelated legislation.

The legislation was partly inspired by the experience of a father whose son died from cancer and was initially denied access to cannabis at a California hospital. Jim Bartell did eventually find a facility that agreed to allow the treatment, and he has said his son’s quality of life improved dramatically in those last days.

—Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

“In the invaluable last days as Ryan fought stage 4 pancreatic cancer, I first-handedly experienced the positive impact medical cannabis had on my son’s well-being, as opposed to the harsh effects of opiates,” Bartell said. “Medical cannabis is an excellent option for relieving pain and suffering in those who are terminally-ill, but most importantly it serves to provide compassion, support, and dignity to patients and their families, during their loved-ones’ final days.”

“Looking at each other, holding Ryan’s hand and telling him how much I loved him during his final moments would not have been possible without the medical cannabis,” he said.

Also pending on Newsom’s desk is a bill to set up a regulatory framework for hemp-derived CBD sales that also removes the ban on smokable hemp products.

Separately, a California bill that passed the Senate and several Assembly committees to legalize possession of a wide range of psychedelics such as psilocybin and ayahuasca has stalled following a decision by the sponsor that more time is needed to build the case for the reform and solidify its chances of being enacted.

Meanwhile, California activists have also recently been cleared to begin collecting signatures for a 2022 ballot initiative to legalize psilocybin mushrooms in the state.

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Photo courtesy of Chris Wallis // Side Pocket Images.

California Senator Seeks Federal Clarification On Medical Marijuana Use In Hospitals

A California senator is asking the head of the U.S. Department of Health and Human Services (HHS) to provide clarification on whether hospitals and other healthcare facilities in legal marijuana states can allow terminally ill patients to use medical cannabis without jeopardizing federal funding.

State Sen. Ben Hueso (D) on Thursday sent a letter to HHS Secretary Xavier Becerra and Centers for Medicare and Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure inquiring about the policy. Confusion about possible implications for permitting marijuana consumption in health facilities led pro-legalization Gov. Gavin Newsom (D) to veto a bill meant to address the issue in 2019.

Hueso refiled a nearly identical version of the legislation for this session, and it’s already passed the full Senate and one Assembly committee. It’s now awaiting action on the Assembly floor before potentially being sent to Newsom’s desk.

I'm respectfully requesting that CMS & HHS provide clarification assuring Medicare/Medicaid providers they won't lose reimbursements for allowing #medicalcannabis use on their premises. This would go a long way to help hospital staff, security &, above all, patients. @SecBecerrapic.twitter.com/Zh9CJtujxc

— Senator Ben Hueso (@SenBenHueso) July 29, 2021

“Ryan’s Law would require that hospitals and certain types of healthcare facilities in the State of California allow a terminally-ill patient to use medical cannabis for treatment and/or pain relief,” the senator wrote in the letter to the federal officials, with whom he is asking to meet to discuss the issue. “Currently, whether or not medical cannabis is permitted is left up to hospital policy, and this creates issues for patients and their families who seek alternative, more natural medication options in their final days.”

Hospitals that receive CMS accreditation are generally expected to comply with local, state and federal laws in order to qualify for certain reimbursements. And so because marijuana remains federally illegal, “many healthcare facilities have adopted policies prohibiting cannabis on their grounds out of a perceived risk of losing federal funding if they were to allow it.”

But Hueso said that his office received a letter from CMS several months ago stating that there are no specific federal regulations in place that specifically address this issue and that it isn’t aware of any cases where funding has been pulled because a hospital allows patients to use medical cannabis.

—Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

Additionally, because the Justice Department has been barred under annually renewed spending legislation from using its funds to interfere in the implementation of state-level medical marijuana programs, the senator said, “we believe the risk of federal intervention is little to none.”

“This confirmation from CMS been quite a breakthrough and we are optimistic it will alleviate the Governor’s concerns,” the letter continues. “However, I want to underscore that, prior to receiving this response, even the Governor of California was under the impression that CMS rules prohibited hospitals and healthcare facilities from allowing medical cannabis use.”

“Undoubtedly other states are struggling with this issue, too,” it says. “As more states decriminalize cannabis and even create recreational markets, we must not forget to also update the books for the most important consumers of all—patients.”

“While ideally the federal government will remove cannabis from its Schedule I designation, I appreciate that this is a lengthy and complex process. In the interim, it would be extremely helpful if you could provide clarification that assures Medicare/Medicaid providers that they will not lose reimbursements for allowing medical cannabis use on their premises. This clarification would go a long way to help hospital staff, security, above all, patients.”

Becerra, while previously serving as California attorney general and as a member of Congress, demonstrated a track record of supporting marijuana law reform.

Meanwhile, there are efforts in both chambers of Congress to end federal marijuana prohibition.

Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) are currently soliciting feedback on draft legalization legislation they introduced this month.

Meanwhile, a separate House bill to federally legalize marijuana and promote social equity in the industry was reintroduced in May.

The legislation, sponsored by Judiciary Committee Chairman Jerrold Nadler (D-NY), was filed with a number of changes compared to the version that was approved by the chamber last year.

Read the letter from the California senator to Becerra below: 

Marijuana hospital letter t… by Marijuana Moment

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Photo courtesy of Mike Latimer.