Can You Get A DUI For Using CBD Oil in PA?

CBD oil doesn’t cause impairment but it is still a drug

CBD oil is everywhere, literally… everywhere in PA. It’s sold in the Park City Mall, Turkey Hill Markets carries it, and you can buy it in dispensaries all over the tri-county area.

One of the hottest topics in PA right now is medical marijuana and specifically, CBD oil. Our DUI attorneys have received a number of questions about this drug and impaired driving in the Commonwealth.

CBD has been shown to improve a wide variety of medical conditions ranging from mental to physical health. It’s been linked to improving epilepsy and certain anxiety disorders. It also has the ability to relieve pain symptoms due to its anti-inflammatory properties. 

So, what’s the deal with CBD oil and DUI?

If you are arrested for a drug DUI under Section 3802, it’s important that your criminal defense lawyer understands any of your prescription medications (including medical marijuana) as it could negatively influence the outcome of your case.

If you are on prescription marijuana, such as CBD, it’s important that your attorney brings to the court’s attention the fact that CBD oil does not have the intoxicating effect due to the lack of THC within it.

If the prosecution does not stipulate to this evidence, there will more than likely need to be an expert witness called for the defense as the results of a blood test could indicate the presence of marijuana as CBD is a derivative of the plant.

Contact The Shelton Firm today if you have been charged with a DUI and have questions.

The U.S. Food and Drug Administration has not approved any CBD products for treatment. It can be difficult to understand exactly what’s inside certain products, because they lack any federal regulation. If you’re considering CBD health products, consult a medical professional.