PRIOR PRINTER'S NO. 307
PRINTER'S NO. 1276
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
363
Session of
2023
INTRODUCED BY BARTOLOTTA, LAUGHLIN, STEFANO, COSTA, SCHWANK,
DILLON, KANE, REGAN, STREET, TARTAGLIONE, MUTH AND KEARNEY,
FEBRUARY 21, 2023
SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED,
DECEMBER 12, 2023
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in driving after imbibing alcohol or utilizing
drugs, further providing for driving under influence of
alcohol or controlled substance and for authorized use not a
defense.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3802 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding subsections to read:
SECTION 1. SECTION 3802(D) OF TITLE 75 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING PARAGRAPHS TO READ:
ยง 3802. Driving under influence of alcohol or controlled
substance.
* * *
(d.1) Proof of actual impairment.--For the purposes of
subsection (d), if an individual is a medical marijuana patient
in compliance with the provisions of the act of April 17, 2016
(P.L.84, No.16), known as the Medical Marijuana Act, proof of
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actual impairment shall be required if the individual is unable
to safely drive, operate or be in actual physical control of a
vehicle. Valid certification to use medical marijuana under the
Medical Marijuana Act shall not, in and of itself, be sufficient
evidence for a conviction under this section.
(d.2) Medical marijuana.--
(1) A medical marijuana patient convicted of operating a
vehicle while impaired to a degree that the individual is
unable to safely drive, operate or be in actual physical
control of the vehicle shall be penalized under section
3804(c) (relating to penalties).
(2) Possession of a medical marijuana patient
identification card shall not, in and of itself, be
sufficient to establish probable cause to charge the
individual with a violation of this section.
(3) Possession of a medical marijuana patient
identification card shall not, in and of itself, establish
reasonable grounds to request a chemical test under section
1547 (relating to chemical testing to determine amount of
alcohol or controlled substance).
(4) Nothing in this section shall be construed to
supersede Federal regulation of the licensing and operation
of commercial vehicles and school vehicles.
(D) CONTROLLED SUBSTANCES.--AN INDIVIDUAL MAY NOT DRIVE,
OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
VEHICLE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
* * *
(1.1) FOR THE PURPOSES OF THIS SUBSECTION, IF AN
INDIVIDUAL IS A MEDICAL MARIJUANA PATIENT IN COMPLIANCE WITH
THE PROVISIONS OF THE ACT OF APRIL 17, 2016 (P.L.84, NO.16),
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KNOWN AS THE MEDICAL MARIJUANA ACT, PROOF OF ACTUAL
IMPAIRMENT SHALL BE REQUIRED IF THE INDIVIDUAL IS UNABLE TO
SAFELY DRIVE, OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF A
VEHICLE. VALID CERTIFICATION TO USE MEDICAL MARIJUANA UNDER
THE MEDICAL MARIJUANA ACT SHALL NOT, IN AND OF ITSELF, BE
SUFFICIENT EVIDENCE FOR A CONVICTION UNDER THIS SECTION.
(1.2) (I) A MEDICAL MARIJUANA PATIENT CONVICTED OF
OPERATING A VEHICLE WHILE IMPAIRED TO A DEGREE THAT THE
INDIVIDUAL IS UNABLE TO SAFELY DRIVE, OPERATE OR BE IN
ACTUAL PHYSICAL CONTROL OF THE VEHICLE SHALL BE PENALIZED
UNDER SECTION 3804(C) (RELATING TO PENALTIES).
(II) POSSESSION OF A MEDICAL MARIJUANA PATIENT
IDENTIFICATION CARD SHALL NOT, IN AND OF ITSELF, BE
SUFFICIENT TO ESTABLISH PROBABLE CAUSE TO CHARGE THE
INDIVIDUAL WITH A VIOLATION OF THIS SECTION.
(III) POSSESSION OF A MEDICAL MARIJUANA PATIENT
IDENTIFICATION CARD SHALL NOT, IN AND OF ITSELF,
ESTABLISH REASONABLE GROUNDS TO REQUEST A CHEMICAL TEST
UNDER SECTION 1547 (RELATING TO CHEMICAL TESTING TO
DETERMINE AMOUNT OF ALCOHOL OR CONTROLLED SUBSTANCE).
(IV) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO
SUPERSEDE FEDERAL REGULATION OF THE LICENSING AND
OPERATION OF COMMERCIAL VEHICLES AND SCHOOL VEHICLES.
* * *
Section 2. Section 3810 of Title 75 is amended to read:
ยง 3810. Authorized use not a defense.
The fact that a person charged with violating this chapter is
or has been legally entitled to use alcohol [or], controlled
substances or marijuana in compliance with the act of April 17,
2016 (P.L.84, No.16), known as the Medical Marijuana Act, is not
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a defense to a charge of violating this chapter.
Section 3. This act shall take effect in 60 days.
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