Clients continually are asking our DUI Attorneys, “Can i get a DUI for using CBD Oil in PA?” With CBD oil being offered in more and more places in PA its important to know the facts. It’s sold in the Park City Mall, and you can buy it in dispensaries all over Lancaster County, Dauphin County, and Cumberland County area. One of the hottest topics in PA right now is medical marijuana and specifically, CBD oil.
What is CBD Oil?
Before diving into the legal aspects, let’s clarify what CBD oil is. Cannabidiol (CBD) is a non-psychoactive compound derived from the cannabis plant. CBD products are known for their potential therapeutic effects without the “high” associated with THC, the psychoactive counterpart.
Legal Status of CBD in Pennsylvania
In Pennsylvania, CBD oil derived from industrial hemp is legal. This legal status is in line with the federal legalization of industrial hemp and hemp-derived CBD through the 2018 Farm Bill. However, there are important conditions to consider:
- THC Content: CBD products in Pennsylvania must contain less than 0.3% THC (tetrahydrocannabinol), the psychoactive compound found in marijuana. Products with higher THC levels are considered illegal and may result in legal consequences.
- Medical Marijuana Program: Pennsylvania has a robust medical marijuana program that allows registered patients to access cannabis products, including CBD oil with higher THC levels. If you are not a registered patient, you should avoid products with THC content exceeding 0.3%.
CBD has been said to improve a 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.
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Can i use CBD oil and Drive?
So, what’s the deal with CBD oil and DUI? While CBD oil itself is legal, it’s essential to be cautious when using it and operating a motor vehicle. Even though CBD does not produce the intoxicating effects associated with THC, some products may contain trace amounts of THC. If you are pulled over by police and suspected of DUI due to CBD, Police may administer Sobriety tests. Positive results on those tests could lead to legal consequences.
- THC Detection: Trace amounts of THC in your system, even from legally purchased CBD oil, could potentially trigger a positive result on a drug test during a traffic stop.
- Impairment and Field Sobriety Tests: If law enforcement suspects impairment, they may conduct field sobriety tests, and the results could lead to a DUI arrest.
Staying Safe and Legal
To avoid any legal complications while using CBD oil in Pennsylvania:
- Choose Reputable Products: Stick to well-regulated CBD brands that provide lab-tested, low-THC products.
- Understand Labels: Carefully read labels and certificates of analysis to ensure compliance with the 0.3% THC limit.
- Exercise Caution: If you’re unsure about the THC content or its effects on your body, it’s best not to use CBD oil before driving.
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 influence the outcome of your case.
The Final Word
In Pennsylvania, using CBD oil with less than 0.3% THC is generally legal, but it’s essential to exercise caution and stay informed. While CBD itself is not likely to lead to a DUI, trace THC amounts in some products could have legal consequences if they impair your driving abilities. To stay safe and compliant with the law, choose your CBD products wisely and understand their THC content. When in doubt, it’s always best to consult legal or medical professionals for guidance. If you have specific medical conditions or require higher THC levels, consider the state’s medical marijuana program.
Ultimately, staying informed about the evolving laws and regulations surrounding CBD oil in Pennsylvania is essential to ensure compliance and make informed choices when using these products. Contact The Shelton Firm today if you have been charged with a DUI and have questions.