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Commonwealth v. Glenn

Pennsylvania Superior Court

May 29, 2020

After a bench trial, the defendant was convicted of driving under the influence of metabolites of a controlled substance (DUI-metabolite). He appealed and argued the DUI statute should be read so as to not criminalize driving with the metabolite of a medically prescribed controlled substance since the legislature did not criminalize driving under the influence of the prescribed controlled substance itself. The Court agreed and vacated the conviction.


Here, authorities found a metabolite of Fentanyl in the defendant’s bloodstream. At the time, he was prescribed Fentanyl. The Court ruled that if an individual has a medical prescription for a controlled substance such as Fentanyl, the individual may lawfully have metabolites produced by the controlled substance in their bloodstream while their body is metabolizing the Fentanyl.

Scroll down to read the court's full opinion
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