The Philadelphia DUI Law Blog

Pot Soda: New Prescribed Drink Could Still Get you a DUI

Will Philadelphia just shake its head and say "only in California" over this news story? It may have effects that could apply in the Keystone State, so reserve judgment. The Associated Press reports that a man in Soquel, California (south of San Francisco) is planning on offering pot soda as part of the products available at his medical marijuana dispensary.

Clay Butler will offer various flavors of pot soda at the dispensary, all containing the active ingredient in pot, THC. While the AP reports that other marijuana drinks have already arrived on the market, Butler says his "branding savvy" will make his products a hit.

In addition to his original cola drink Canna Cola, Butler will offer a Dr. Pepper-like Doc Weed, lemon-lime Sour Diesel, grape-flavored Grape Ape and orange-flavored Orange Kush, writes the AP. The pot soda offerings will not be cheap, ringing in at $10-$15 for a 12-oz bottle.

As noted in a previous post, even if a driver has a prescription for a medication, be it marijuana or vicodin, he or she can still be pulled over and charged with a DUI if the medication interferes with the safe operation of the vehicle. This would apply under the laws of both California and Pennsylvania.

In Pennsylvania, medical marijuana is not yet legal as it is in California or other states. However, in April of 2010, the Philadelphia District Attorney was set to revise the policy on prosecuting individuals arrested for possessing small amounts of marijuana to begin treating possession of up to 30 grams of marijuana as a summary offense.

However, this does not affect the laws regarding driving under the influence of marijuana, medicinal or recreational. If a driver seriously injures or kills another while under the influence, it is a felony which may be punishable by significant jail time. If you have questions about a DUI charge or want to how use of prescription medication may be treated in a DUI case, talk to a lawyer to understand your legal options.

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