Commonwealth v. Stone
Decision Date | 12 April 2022 |
Docket Number | 828 WDA 2020 |
Citation | 273 A.3d 1163 |
Parties | COMMONWEALTH of Pennsylvania, Appellant v. River Garrett STONE |
Court | Pennsylvania Superior Court |
Ryan P. Sayers, District Attorney, Clearfield, for Commonwealth, appellant.
Leanne R. Nedza, Assistant District Attorney, Clearfield, for Commonwealth, appellant.
Joshua S. Maines, Clearfield, for appellee.
Cheryl A. Brooks, Defender Association of Philadelphia, Philadelphia, amicus.
The Commonwealth appeals from the July 24, 2020 order denying its challenge to the proposed jury instruction filed by Appellee River Garrett Stone. The Commonwealth argues that the trial court erred when it agreed to instruct the jury that (1) medical marijuana is not a Schedule I controlled substance under Pennsylvania law;1 and (2) in order to convict Appellee of Driving Under the Influence (DUI) in violation of 75 Pa.C.S. § 3802(d)(1), the Commonwealth was required to prove that the source of the marijuana discovered in Appellee's bloodstream was non-medical marijuana as opposed to medical marijuana. For the reasons herein, we are constrained to conclude that the trial court's ruling constituted legal error, therefore we reverse and remand this matter for further proceedings.
The trial court summarized the relevant facts of this case as follows:
, being a serious medical condition under the MMA, and [he] was authorized as such to use medical marijuana. The patient certificate indicated different forms of medical marijuana could be recommended for patient's use.
These included boxes to check for medical marijuana in the following forms: vaporizer or nebulizer
; topical; liquid; oral; pill; and tincture. None of these boxes were checked, as it was recommended that the patient discuss the form of medical marijuana to be dispensed with a medical professional employed by the dispensary. The [c]ourt notes that marijuana in its plant form as commonly used illegally is not a form of medical marijuana. Therefore, if the substance provided by [Appellee] to the Trooper at the time of the vehicle stop was plant form of marijuana, it is illegal marijuana and does not qualify as a form of medical marijuana.[5
] In addition, to the best of this [c]ourt's knowledge and application of common sense, use of any of the forms of approved marijuana do not produce the smell caused by the burning of illegal marijuana.1
1 This would be an issue of proof at trial.
The [CSA] in 35 P.S. § 780-104 defines a Schedule I controlled substance as one that has "a high potential for abuse, no currently accepted medical use in the United States, and a lack of accepted safety for use under medical supervision." The Act lists marijuana as [a] Schedule I controlled substance. Pennsylvania's MMA became effective in May, 2016. 35 P.S. § 10231[.2110]. The MMA provides accepted medical use for marijuana for certain serious health conditions including post-traumatic stress syndrome. The MMA provides procedures for patients to apply for medical marijuana cards from the Pennsylvania Department of Health. Once a medical marijuana card is obtained, a patient possessing the card can legally purchase approved medical marijuana products at designated dispensaries and legally use the medical marijuana products. As noted, the medical marijuana products are limited in terms of consumption and in terms of form. The MMA provides that patients legally using medical marijuana shall not be subject to "arrest, prosecution or penalty in any manner" with respect to offenses under [CSA], 35 P.S. § 10231.2103.
[Appellee's] omnibus motion asks that counts [1 and 2] of the information be dismissed, "as marijuana has an accepted medical use pursuant to the MMA and Pennsylvania's [CSA] defines a Schedule I controlled substance as one having no such accepted medical use." [Appellee's] argument is that marijuana can no longer be listed as a Schedule I [controlled] substance in 35 P.S. [§] 780-104, and a person who legally uses "medical marijuana legitimately for chronic conditions, which is an accepted medical purpose, would be at risk for prosecution" for driving under the influence "at all times, regardless of level of impairment and the legitimacy of their use." Paragraph 22 of omnibus motion. As such, [Appellee] asks that the DUI charges set forth in counts [1 and 2] be dismissed.
Trial Ct. Op., 5/29/20, at 1-4 (some formatting altered).
On May 29, 2020, the trial court denied Appellee's omnibus motion, and the case was scheduled for a jury trial. On the morning of trial, Appellee submitted proposed jury instructions. One of the proposed points for charge included a specific instruction that medical marijuana and its metabolites are not Schedule I controlled substances for purposes of DUI under 75 Pa.C.S. § 3802(d)(1)(i). Specifically, the trial court explained:
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