Gambone Law September 2018

Gambone Law

Licensed in Pennsylvania and New Jersey

215-755-9000

www.GamboneLaw.com

September 2018

CBD in Pennsylvania and Drug DUIs CBD vs. THC

We want to provide our readers the relevant and current information on the hottest legal topics in the area of drunk driving, drugs, and gun crimes in Pennsylvania and New Jersey. One of the hottest topics in PA right now is medical marijuana, specifically CBD oil. We have received a number of questions about this drug and impaired driving in the Commonwealth. CBD has been shown to improve a wide variety of medical conditions, ranging frommental to physical health, including epilepsy and certain anxiety disorders. It’s also able to relieve pain symptoms due to its anti-inflammatory properties. However, it remains a prohibited substance in the NCAA, along withmost professional sports associations (MLB, NHL, NFL, NBA). The Difference Between CBD and THC Cannabidiol (CBD) is one of the main cannabinoids found in the marijuana plant, which is extracted from the plant without the chemical compound Tetrahydrocannabinol (THC), which delivers the “high” from marijuana (a Schedule I controlled substance). THC, unlike CBD, produces the “high” effect, which ultimately causes impairment. Driving while impaired is grounds for driving under the influence (DUI) or driving while intoxicated

(DWI) in Pennsylvania and New Jersey. This topic is also discussed extensively in my free book, “5 Ways to Fight &Win Your Pennsylvania DUI Case.”

Pennsylvania’s Controlled Substance, Drug, Device, and Cosmetic Act (Title 35) specifically lists cannabinoids as a controlled substance in Pennsylvania. Further, Section 3802(d) (1) makes it a crime in Pennsylvania for any person to drive or operate a motor vehicle while under the influence of any controlled substance, which would include CBD. This means that if this drug is found in a person’s blood following an arrest, it could lead to a conviction for DUI within the Commonwealth. While the prosecution would still need to establish the impairment beyond a reasonable doubt, it could meet this burden through the police officer’s testimony regarding the person’s physical presentation. CBD Doesn’t Cause Impairment, But It Is Still a Drug If you are arrested for a drug DUI under Section 3802, it’s important that your criminal defense lawyer understands any of your prescription medications, including medical marijuana, as it could influence the outcome of your case. If you are on prescription marijuana such as CBD, it’s important that your attorney draw to the court’s attention the fact that CBD does not have an intoxicating effect due to its lack of THC. If the prosecution does not stipulate this evidence, there will more than likely need to be an expert witness called for the defense, as the results of a blood test could indicate the presence of marijuana, since CBD is a derivative of the plant. For more information on drug DUIs and medical marijuana, I encourage you to read my other articles on these topics, found at www.GamboneLaw.com. –Alfonso Gambone

CBD and Medical Marijuana in Pennsylvania

CBD falls under Pennsylvania’s medical marijuana law, which allows individuals to obtain the drug provided that they meet certain pre-existing health conditions. While CBD does not produce any intoxicating effects, it is nevertheless derived from the marijuana plant. In Pennsylvania, marijuana is still considered a Schedule I controlled substance. Drug DUI – Section 3802(d) In Pennsylvania, a person is guilty of a drug DUI under Section 3802(d) if they are operating a motor vehicle under the influence of drugs or the combination of drugs or alcohol. Under subsection (d)(1), the prosecution doesn’t need to establish any specific amount (nanograms); they just need to establish that the person was under the influence of drugs through direct or indirect evidence. While a blood test can reveal the presence of a drug (legal or illegal) or alcohol, it’s important to understand that a

person can still commit a DUI under Section 3802(d) even if the drug is legally prescribed. Drug DUI Includes Legally Prescribed Drugs! Many people believe that they only commit a drug DUI if they are under the influence of an illegal drug. It’s important to understand that this law applies to over-the- counter legal substances, such as Benadryl and medical marijuana, if the person ingested it prior to operating a motor vehicle.

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TRANSPORTATION SAFETY TIPS Protect Your Children During Their Commute

Kids on the Road

With the school year fast approaching, families are in preparation mode. Parents are busy buying new clothes and school supplies and thinking about the best way to get their kids safely to school. Keeping your child safe on their commute starts with knowing the transportation method that works best for you and the rules that accompany that method. Taking the School Bus According to the United States Department of Transportation, the school bus is the safest means of transportation to and from school. Buses are built to withstand a hit and distribute the damage throughout the vehicle, keeping its passengers safe and sound.

Whether your child is biking, walking, or even skateboarding, it’s vital that they know and follow the rules of the road. All children should practice road safety behavior, such as riding on the right side of the

road, wearing helmets, stopping at stop signs, and watching out for cars. Internalizing these habits will help them stay aware of their surroundings when traveling to and from school. Sharing the Road

When school starts, the roads become even more cluttered than usual. On top of people heading to work, there are large buses making frequent stops, parents rushing to drop their kids off, and young kids biking or walking to school. With the added tension on the road, it’s important to be alert and move cautiously. Slowing down in school zones or around young pedestrians will keep you vigilant and could potentially save lives.

Knowing basic bus safety will help kids be mindful when taking the bus. Before the school year starts, take your children to the bus stop and show them where they should stand when the bus approaches — a minimum of three large steps or 6 feet from the street. Tell your kids about the importance of sitting still and not standing in the bus while it’s in motion.

Teach your kids to be prepared and safe on the road to ensure that they have a healthy and safe school year.

Summoned to Court JURY DUTY MYTHS

No Voting, No Jury Duty According to another circulating myth, if you aren’t registered to vote, you don’t have to serve jury duty. Many people believe this myth because voting enters you into the jury duty pool, but there are other means by which citizens are chosen. Other ways you’re entered into the pool include buying a home, paying taxes, and getting a driver’s license. Even if you aren’t registered to vote, you’re still liable to be summoned. Serving Jury DutyWill Get You Fired If you’re worried about getting fired by serving jury duty, you can take a breather. Your employer cannot fire you once you’ve

been selected for jury service. In fact, if your boss threatens to fire you for it, they will

There are so many rumors about jury duty that it can be difficult to know which ones are true. Here are three of the most popular speculations, debunked. Admitting BiasWill Ensure Your Dismissal If you admit that you are biased when you serve jury duty, it does not guarantee your dismissal. In fact, a judge cannot dismiss you for being biased — but an attorney can. In addition, attempting to portray yourself as a biased person can put you in a troubling situation. Attorneys and judges have been selecting jurors for a long time and know when someone is lying to them. Your best bet will be to give honest answers to the questions they ask.

face the penalties, which include fines and even jail time. Many employers know and understand this, but if yours doesn’t, you can submit a file of complaint to the trial court administrator, and they will take care of the rest for you. The system to select jurors has been around for a while, and those involved know what they’re doing. It’s best to go in with an open mind and be completely honest. After all, it is your civic duty to do so.

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DID YOUR WORKOUT ROUTINE TAKE A SUMMER VACATION? Jump Back inWithThese Strategies

With barbecues, trips to the pool, and indulging in refreshing beverages on the patio, summer is full of relaxation and fun. But those heart- pumping, muscle-building trips to the gym may have become less frequent during the warmer months. If your workout routine went on its own summer vacation, here are three strategies to get back to it.

by preparing in advance. Find a facility with a schedule that easily fits yours. If you’re planning to work out in the morning, set your clothes out the night before, and choose an energetic song for your alarm. If there’s a class after work, consider leaving an extra set of gym clothes at your office so you’ll never have an excuse not to go. 3. Make your workout an

1. Find something you like to do. Maybe part of the reason your fitness routine took a break was because you didn’t enjoy doing it. If that’s the case, re-evaluate your options. There is no superior form of exercise, and there are plenty of options to align with your preferences. If you couldn’t get enough of hiking in national parks over the summer, join a hiking group in your community. If you prefer being on a team, look for a local adult league for your favorite sport.

unavoidable part of your day. It’s tempting to join your coworkers for happy hour, especially when that outdoor patio is just around the block from your office. But what if it were that easy to get to the gym? Look for facilities that are on your commute, near your work, or close to home. If it’s easy to get to, you’ll be more likely to go and still have time for that drink afterward.

2. Set yourself up for success. You would go to that 5:30 p.m. boot camp class, but it’s right in the middle of your daughter’s dance practice. Getting to the gym is half the battle, so make it easier on yourself Did You Know? Important information about prescription drugs and DUIs

It may take time tomake your workout routine a seamless part of your life, but implementing some of these strategies will make it easier andmore enjoyable. Youmight even find yourself looking forward to back-to-the-gym season!

5 WAYS TO FIGHT & WIN YOUR PENNSYLVANIA DUI CASE 2nd Edition - Revised and Expanded

Cannabidiol (CBD) has been shown to relieve pain symptoms due to its anti- inflammatory properties.

To watch more than 40 instructional videos or download your free e-book, please visit our website www.GamboneLaw.com

CBD is one of the main cannabinoids found in the marijuana plant, which is extracted from the plant without the chemical compound Tetrahydrocannabinol (THC), which delivers the“high”frommarijuana. Unlike CBD, THC produces the“high”effect which ultimately causes impairment. Driving while impaired is grounds for a driving under the influence (DUI) criminal charge. In Pennsylvania, a person is guilty of a drug DUI under Section 3802(d) if they are operating a motor vehicle under the influence of any drugs or the combination of drugs or alcohol. Under subsection (d)(1) of the law, the prosecution doesn’t need to establish any specific amount (nanograms); they just need to establish that the person was under the influence of drugs through direct or indirect evidence. While a blood test can reveal the presence of a drug (legal or illegal) or alcohol, it’s important to understand that a person can still commit a DUI under Section 3802(d) even if the drug is legally prescribed! People oftenmistakenly believe that they only commit a drug DUI if they are under the influence of an illegal drug like heroin or crack cocaine. However, the DUI law applies to over-the-counter drugs such as Benadryl and some prescriptionmedications as well. If you’re stopped for suspicion of DUI, you’re under no obligation to speak to police about your medications. If you do so, you can unknowingly incriminate yourself and substantially hinder your attorney’s ability to defend your case!

ATTORNEY & COUNSELOR AT LAW Alfonso Gambone

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INSIDE THIS ISSUE

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Hot Topic: CBD

Keep Your Kids Safe on the Way to School Falsities You’ve Been Told About Jury Duty

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3 Fitness Strategies for the Back-to-School Season Important Information About Prescription Drugs and DUIs Website Resources

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Why Labor Day Is Indebted to the Pullman Strike

The Pullman Strike and the Origin of Labor Day How a Railroad Protest Laid the Foundation for a National Holiday

Today, Labor Day mostly means a day off and the closure of public pools. But when it was first created, it was a president’s desperate attempt to curb the tension after one of the most violent strike breakups in American history. In the late 19th century, the workers of the Pullman Company, which manufactured luxury train cars, all lived in a company-owned town. George Pullman, the owner, lived in a mansion overlooking houses, apartments, and crammed-together barracks, all of which were rented by the thousands of workers needed for the operation. For some time, the town operated without a hitch, providing decent wages for the workers while netting the higher-ups millions of dollars. But after the economic depression of the 1890s brought the country to its knees, everything changed. George Pullman slashed his workers’

wages by nearly 30 percent, but he neglected to adjust the rent on the company-owned buildings in turn. As a result, life became untenable in the town, with workers struggling to maintain the barest standards of living for themselves and their families. In response, the workers began a strike on May 11, 1894. As the event ramped up, it gained the support of the powerful American Railway Union (ARU). But Pullman, stubborn as he was, barely acknowledged the strike was happening, and he refused to meet with the organizers. The tension increased when Eugene Debs, the president of the American Railway Union, organized a boycott of all trains that included Pullman cars. The strike continued to escalate until workers and Pullman community members managed to stop the trains from running.

Eventually, President Grover Cleveland sent in soldiers to break up the strike. Violence ensued, with soldiers making a great effort to quell the strike at its core. By the time the violence ended, 30 people had lost their lives and an estimated $80 million in damages had been caused throughout the town. A few months later, President Grover Cleveland declared Labor Day a federal holiday. Many experts believe that this act was an effort to build rapport among his pro-labor constituents after handling the incident so poorly. This month, as you fire up the barbecue and enjoy your day off, take a moment to remember the workers who fought for labor rights in our country.

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