News
The Effect of Rescheduling Marijuana in Pennsylvania
May 3, 2024The FDA Considers Rescheduling Marijuana
It was recently reported that the federal Food and Drug Administration is considering rescheduling Marijuana from Schedule I to Schedule III. If the reschedule happens, (and it is still very much up in the air right now) the decision will change a lot. Whether Pennsylvania follows suit or not, however, is a separate question.
Understanding FDA Drug Schedules
The FDA, among its other duties, schedules or categorizes drugs. There are three factors that the FDA considers when it categorizes drugs:
- Legitimate medical uses
- Potential for abuse
- Potential for addiction.
The Five Schedule Categories the FDA Chooses Between
Schedule I is for drugs with “no currently accepted medical use and high potential for abuse.” Among the drugs currently listed on Schedule I are LSD, Marijuana, and peyote.
Schedule II is for drugs with “high potential for abuse, with use potentially leading to severe addiction.” Among those drugs currently listed on Schedule II are Vicodin, fentanyl, Adderall, and Ritalin.
Schedule III is for drugs with “moderate to low potential for addiction.” This includes codeine, ketamine, and steroids.
Schedule IV is for drugs with a low potential for abuse or addiction. They include Xanax, Valium, and Ativan.
Schedule V is for drugs with a lower potential for abuse and limited quantities of certain narcotics. For example, Robitussin AC, Lyrica, and Parepectolin.
Recategorizing Marijuana onto the FDA’s Schedule III, if it happens, will legitimize the medical marijuana industry. But it won’t directly fix specific state-law issues.
Pennsylvania’s Drug Schedules
Pennsylvania maintains its own categories of drugs. Those are enacted by the legislature (the General Assembly). That means that the General Assembly must change the categorization by amending the schedules. Marijuana (there, spelled “marihuana”) remains on Pennsylvania’s Schedule I.
A large problem for medical marijuana users is the Catch-22 presented by the DUI law. As this blog has previously covered, any amount of a metabolite of a Schedule I drug in a driver’s blood could lead to a DUI charge. 75 Pa. C.S. § 3802(d)(1)(iii). Authorized use is no defense. 75 Pa. C.S. § 3810. Marijuana metabolites can remain in a user’s blood for an extended time.
Will the Proposed Changes Fix the Metabolite DUI Problem?
In a word, no. Although it is a step in the right direction, the DUI law follows the Pennsylvania drug schedule. See, e.g., 75 Pa. C.S. § 3802(d)(1)(i) (“Schedule I controlled substance, as defined in the act of April 14, 1972, . . . known as The Controlled Substance, Drug, Device and Cosmetic Act”). A legislative fix for the DUI law, therefore, remains necessary.
If you or a loved one is facing criminal charges relating to DUI or drugs including marijuana, you need an experienced criminal defense lawyer in your corner. Call Pyfer Reese and ask to talk to Dan Bardo.
Non-legal sources: https://www.dea.gov/drug-information/drug-scheduling
Disclaimer: This blog is meant to be educational only and is in no way legal advice or direction. To obtain personalized legal help, contact a professional.
Administrative Professional Day – Gratitude At Work
April 24, 2024Today is Administrative Professional Day, a special day when we express our gratitude and appreciation for the hard work and commitment our staff and administrative professionals at Pyfer, Reese, Straub, Gray & Farhat contribute every day to our clients and our firm. Whether it is preparing custody or divorce pleadings, assisting with will preparation or estate administration, or answering questions regarding personal injury, social security, workers’ compensation or criminal litigation, our administrative staff at Pyfer Reese play a pivotal role in the success of each legal action handled by our firm.
The Warm Hearts Behind a Tough Business
April 12, 2024PRSGF Employee Spotlight: Office Pets Edition
At Pyfer Reese Straub Gray & Farhat PC, we love our pets! At the heart of our mission lies a commitment: our dedicated legal team endeavors not only to champion the rights of our clients but also to advocate for the well-being of our beloved animal companions. PRSGF has donated to the Humane League of Lancaster County and our team members have adopted pets from local rescues. Despite the challenges we face in the difficult business of law, the presence of our cherished pets brings warmth and joy to our lives every single day. Allow us to share with you the delightful companions who sprinkle happiness into our world, in the hopes that their adorable faces bring a smile to yours as well!
Title Real Estate Correctly for Asset Protection
March 6, 2024Real Estate Title Considerations When Purchasing
It is important to title real estate correctly when purchasing it with an unmarried individual or not jointly with immediate family members. A real estate title is the legal proof of ownership for a property, and errors in titling can lead to issues in the future. Title insurance may also be affected by incorrect or improper titling.
Potential Consequences for Cyberbullying – Pennsylvania Anti-Bullying Bill of Rights
February 19, 2024Victims of cyberbullying or those accused of cyberbullying should seek an attorney for legal advice. It’s not kid’s stuff. It’s a growing issue and the state is taking it quite seriously. And parents, be forewarned, you can also be held accountable, fined and may have to submit to community services.
Understanding Bail: A Pivotal Early Decision in Criminal Cases
January 23, 2024The Criticality of Bail in Criminal Proceedings
Bail determination stands as one of the most critical early issues in a criminal case, often surpassing the gravity of the charges or the defense strategy planned for trial. This decisive moment occurs so early that the accused may not yet have legal representation when bail is set, impacting whether they will remain incarcerated or free while awaiting trial.
Understanding Child Custody Provisions in Pennsylvania
January 3, 2024Child custody provisions in Pennsylvania act as a way to navigate the arrangements for childcare with clear boundaries and legal expectations. Whether you resolve your child custody dispute by agreement or after lengthy litigation in court, you should expect that the resulting custody Order will include many, if not all, of the following provisions:
What Happens To The Engagement Ring If There Is No Wedding?
December 1, 2023Pennsylvania law has been clear for many years. If a person proposes and gives his/her intended spouse an engagement ring (and/or another type of gift) with the promise to marry and the wedding does not occur, the engagement ring, and/or any other gift given in anticipation of the wedding must be returned to the donor. This was because the engagement ring (and/or other gift) was a gift that was conditioned on the promise that a marriage would occur. The Pennsylvania Superior Court recently handed down a case that changed the law somewhat. In Campbell v. Tang, Mr. Campbell proposed to Ms. Tang to give her a diamond engagement ring, a matching pendant necklace, and matching diamond earrings. Ms. Tang accepted his proposal, and the parties began to plan a wedding.
Can You Work While Your Social Security Claim is Pending?
November 16, 2023Working While Your Social Security Disability Claim is Pending
You may have questions as a Claimant for Social Security Disability Insurance (“SSDI”) or Supplemental Security Income (“SSI”) benefits if you are considering working part-time during the long wait for your hearing.
With a free consultation, an attorney at Pyfer, Reese, Straub, Gray & Farhat, P.C. is available to assist you with determining how your work activity will impact your Social Security Disability benefits claim.
Why Naming a Minor Child a Life Insurance Beneficiary is a Bad Idea
November 2, 2023Understanding Life Insurance Beneficiary Provisions
Life insurance companies cannot pay funds directly to a minor beneficiary. If your life insurance beneficiary is a minor when you die and you have not made any type of provisions for a custodian or guardian of the funds, the distribution of funds will be delayed because your County Court will be required to become involved in selecting and appointing a corporate or adult custodian or guardian to manage the funds on behalf of the minor.