While Pennsylvania law doesn’t specifically prohibit vaping while driving, here’s what you need to know:
- No Specific Law: There isn’t a law that directly states it’s illegal to vape while driving in Pennsylvania.
- Driving Under the Influence of Drugs (DUID): Pennsylvania has stringent DUID laws, which apply to driving under the influence of a Schedule 1 drug. THC, the active ingredient in marijuana, has a minimum measurement for impairment under PA state law of 1 nanogram per milliliter in the blood. This means that even weeks or months after smoking, there could be sufficient THC left in the blood sample to result in a DUID charge.
- Zero-Tolerance Policy: Pennsylvania has a zero-tolerance policy regarding any detectable levels of THC in the bloodstream while driving. This can be an issue for medical marijuana patients who may never drive while impaired but are at risk for getting a DUI because THC stays in the bloodstream for up to 30 days.
- Potential Consequences: If you are stopped while driving in Pennsylvania and suspected of operating the vehicle under the influence, you can be required to take a blood test.
- First Offense (Misdemeanor): Imprisonment for a minimum of 72 consecutive hours, a maximum of 6 months; a fine of no less than $1,000, and no more than $5,000; required attendance at alcohol highway safety school; license suspension of at least 18 months; may be required to complete 150 hours of community service; may be required to attend a victim-impact panel.
- Second Offense (Misdemeanor): Imprisonment for a minimum of 90 days, a maximum of 6 months; a fine of no less than $1,500; required attendance at alcohol highway safety school; license suspension of at least 18 months; may be required to complete 150 hours of community service; may be required to attend a victim-impact panel.
- Third and Subsequent Offense (2nd-degree misdemeanor): Minimum imprisonment for 1 year; a fine of no less than $2,500; license suspension of at least 18 months; may be required to complete 150 hours of community service; may be required to attend a victim-impact panel.
Sources:
- https://www.artisanvaporcompany.com/vaping/is-vaping-legal-in-pennsylvania/
- https://adyahwholesale.com/blog/what-you-need-to-know-about-vaping-laws-in-pennsylvania/
- https://www.drkattorneys.com/criminal-defense/drug-crimes/marijuana-laws/
- https://gambonelaw.com/what-parents-and-students-need-to-know-about-vaping-in-and-around-school-in-pennsylvania-new-jersey/
