Are there marijuana-DUI concerns about traveling to PA from NJ?
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Are there marijuana-DUI concerns about traveling to PA from NJ?

| Mar 8, 2021 | DUI |

The recent decision to legalize marijuana in New Jersey may eventually create legal troubles for Pennsylvania residents. People traveling to New Jersey to purchase marijuana and return to Pennsylvania with “weed” may find themselves looking at serious criminal charges. A DUI charge might set a series of legal woes in motion.

DUI issues with marijuana use in New Jersey

Operating a vehicle under the influence could lead to DUI charges. Someone who consumes marijuana in New Jersey and drives a car under the influence could end up pulled over. The intoxicated person may even cross into Pennsylvania while intoxicated before getting pulled over. Regardless, the person would likely face DUI charges.

A person may get pulled over for suspicion of a DUI even while sober. Moving violations or erratic driving may raise suspicions about alcohol or drug use. A person who legally consumed marijuana in New Jersey may have the drug in his or her system, even though several days have passed since using it. A positive drug test could serve as evidence for a DUI charge.

An attorney may need to challenge any blood test in court. Not being intoxicated at the time of the arrest could serve as a potential defense for a DUI charge.

A DUI in Pennsylvania involves misdemeanor charges. The charges could be upgraded after additional offenses.

Other legal issues of concern

Possession of marijuana may lead to additional criminal charges filed in Pennsylvania. Marijuana may be legal in New Jersey up to a specific limit, but an arrest in Pennsylvania for illegal possession becomes possible. Marijuana is not lawful for recreational use in Pennsylvania, and possession may lead to a summary offense or misdemeanor charges.

Pennsylvania planning on purchasing marijuana in New Jersey and returning with it to the Keystone State may not realize doing violates federal law. Transporting marijuana over state lines, even product purchased legally in another state under that state’s law, remains a federal offense.

Anyone with concerns about DUI and possession charges might need to consult with an attorney.