Philadelphia Marijuana DUI Lawyer

Pennsylvania’s marijuana DUI laws and penalties are strict. A Philadelphia marijuana DUI lawyer at Shuttleworth Law has years of experience defending these types of cases. We will mount a defense that holds prosecutors to their burden of proof while representing your case in the best possible light.

You don’t deserve to go to jail for a crime you didn’t commit. When you need a tough legal defense, call my office. We come up with innovative and creative solutions for our clients.

Brad V. Shuttleworth, Esq.

Founder & Philadelphia Defense Lawyer, Shuttleworth Law

Get a Free Case Evaluation with a Philadelphia Marijuana DUI Lawyer

Shuttleworth Law will work to resolve your charges as quickly and quietly as possible. Philadelphia marijuana DUI attorney, Brad V. Shuttleworth, is not afraid to take your case to a judge or jury trial, either. Get started with a Free Case Evaluation by calling (215) 774-1371 or message Brad via our contact form here.

Marijuana DUI Charges Face Unique Challenges

When there is a Schedule I controlled substance or a metabolite of that substance, the law prohibits you from driving, operating, or exercising physical control over the movement of a vehicle. Marijuana and related cannabis products are classified as Schedule I controlled substances under Pennsylvania and federal law.

Marijuana can stay in your system for up to 30 days in most people. As a result, the joint you smoked a week ago may have left THC metabolites in your system. Hire a Philadelphia marijuana DUI defense lawyer at Shuttleworth Law to handle the challenges surrounding these types of cases.

THC Levels for Per Se Marijuana DUIs

The toxicology section report from the testing laboratory for marijuana must show that you had at least one nanogram per milliliter (1 ng/ml) of Delta-9-carboxy THC.

Proof of Impairment

Police officers and Drug Recognition Experts (DREs) must look for signs of impairment when investigating your marijuana DUI, including:

  • Admitting to marijuana use
  • Bloodshot eyes
  • Erratic driving
  • Glassy eyes
  • Increased pulse and blood pressure
  • Marijuana smell
  • Poor coordination
  • Possession of marijuana
  • Standardized field sobriety tests

Medical Marijuana DUI Defenses

A medical marijuana defense is not possible in PA since provisions are not codified. Driving with more than one nanogram/milliliter of THC or cannabis metabolites in your system is still illegal. Patients who use medical marijuana should use caution and not drive at all if they have used marijuana in the previous day, regardless of whether or not they “feel high.”

When there is no active THC in the system, some District Attorney’s Offices are declining to prosecute marijuana DUI cases. We encourage you to call us if you are a medical marijuana patient who did not use marijuana on the day of the incident to discuss the possibility of a pre-trial dismissal of your charges.

A Free Case Evaluation Will Get You Answers

Get a Free Claim Evaluation with Brad today by calling (215) 774-1371 or message him directly online. Your charges are defensible. We’re here to help.

Severe Consequences Are On the Line for Marijuana DUIs

Marijuana DUI charges are high-tier offenses, which are the most serious. Your penalties will vary according to the facts of your case and prior DUI convictions or ARD adjudications within the last ten years.

Potential marijuana DUI penalties include:

  • First Conviction: Ungraded misdemeanor with a 72-hour mandatory minimum jail sentence, a 12-month driver’s license suspension, and a $1,000 mandatory minimum fine.


  • Second Conviction: A first-degree misdemeanor conviction carries a mandatory minimum prison sentence of 90 days, a maximum prison sentence of five years, an 18-month driver’s license suspension, and a mandatory minimum fine of $1,500.


  • Third Conviction: Conviction of a third-degree felony carries a mandatory minimum sentence of one year in state prison, a maximum sentence of seven years in prison, an 18-month driver’s license suspension, and a mandatory minimum fine of $2,500.

Learn More About Your Legal Options with a Philadelphia Marijuana DUI Lawyer

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Seek legal advice as soon as possible when facing marijuana DUI charges in Pennsylvania. An experienced Philadelphia marijuana DUI attorney at Shuttleworth Law will explain your legal rights and options as well as go over potential defenses to your case. Get a Free Case Evaluation now by calling (215) 774-1371 or message Attorney Brad V. Shuttleworth below.