HARRISBURG, PA — State Representative Chris Rabb (D-Phila.) is once again pushing for legislative reform to protect medical cannabis patients in Pennsylvania from receiving DUI penalties when no evidence of impairment exists. Rabb reintroduced his bill, H.B. 878, which seeks to modernize state DUI laws and align them with science-based policies already adopted by other states. The legislation aims to address a critical gap in current law that continues to put Pennsylvania’s 500,000 registered medical cannabis patients at legal risk despite acting responsibly and within the law.
Under Pennsylvania’s current zero-tolerance policy, individuals with detectable traces of cannabis in their system can be charged with driving under the influence, even if those traces are from weeks-old, legal medical use. Advocates argue that this approach unfairly penalizes unimpaired drivers who rely on cannabis to treat medical conditions.
“Nine years after legalizing medical cannabis for patients, we still have not addressed this fundamental flaw in our law, which could jail someone for driving weeks after taking their medication,” Rabb stated. “It’s perverse but easily corrected. This legislation will set things right.”
The proposed bill would ensure that medical cannabis patients are treated the same as those using other prescription medications, providing legal protections for registered users who are not under the influence while driving. However, it does not extend protections to illegal use of cannabis or to individuals who drive impaired. Rabb emphasized that the proposed change is about equity and keeping laws in step with science.
Rabb also highlighted the inequity between the state’s efforts to collect tax revenue from the medical cannabis program while leaving patients vulnerable under outdated legislation. “We as a government are more than happy to cash in on the tax revenue generated by medical cannabis, but fail to protect those who rely on it from unfair DUI penalties,” he said.
Part of Rabb’s effort includes mobilizing public support for the legislation. He is actively encouraging Pennsylvanians impacted by the existing zero-tolerance policy to share their stories and reach out to lawmakers to advocate for H.B. 878.
“A medical cannabis user can take a minuscule amount of medicine for their ailment and weeks later, with traces of cannabis still in their system, be subject to arrest on a DUI charge if pulled over—not because they’ve driven impaired, but because our state laws haven’t caught up with the science,” Rabb explained.
While the bill has been introduced previously, it gained bipartisan support in the House Transportation Committee last session, signaling growing momentum for reform. If passed, the legislation would represent a significant step toward equity for Pennsylvania’s medical cannabis patients and bring the state in line with others that have modernized their DUI laws to reflect the realities of legal cannabis use.
Looking forward, H.B. 878 will require sustained public and legislative support to move forward in the General Assembly. Advocates and lawmakers backing the bill see it as an opportunity to correct outdated laws and provide long-overdue protection for some of Pennsylvania’s most vulnerable citizens.
“It’s time for Pennsylvania to modernize its laws and protect patients who are doing nothing wrong,” Rabb concluded, urging his colleagues and constituents to rally behind the legislation.
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