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Commonwealth v. Stone

Pennsylvania Superior Court

April 12, 2022

Don’t drive with weed in your bloodstream, despite that Medical Marijuana Act (MMA) card. The Pennsylvania Superior Court reversed the trial court’s order, which denied the Commonwealth’s challenge to the defendant’s proposed jury instruction. One of the proposed points for charge included an instruction that medical marijuana and its metabolites are not Schedule I controlled substances for purposes of DUI under 75 Pa.C.S. § 3802(d)(1)(i). The trial court approved the charge over the Commonwealth’s objection. The Commonwealth appealed, and the Superior Court reversed. The Court concluded that “it is undisputed that the defendant was driving when detectable amounts of marijuana were discovered in his bloodstream. Neither the DUI statute nor the Controlled Substances Act distinguishes between medical and non-medical marijuana. Accordingly, the jury instruction requiring the Commonwealth to prove that the marijuana in the defendant’s blood resulted from non-medical marijuana was a misstatement of the law.

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