S0167B0151A05036 NAD:AAS 06/22/22 #90 A05036
AMENDMENTS TO SENATE BILL NO. 167
Sponsor: SENATOR LANGERHOLC
Printer's No. 151
Amend Bill, page 1, lines 2 and 3, by striking out "in
commercial drivers, further providing for definitions; and,"
Amend Bill, page 1, lines 9 through 19; page 2, lines 1
through 12; by striking out all of said lines on said pages and
inserting
Section 1. Section 3802 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding subsections to read:
Amend Bill, page 2, lines 16 through 29, by striking out all
of said lines and inserting
(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
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.--The following shall apply:
(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 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).
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(4) Nothing in this section shall be construed to
supersede Federal regulation of the licensing and operation
of commercial vehicles and school vehicles.
Amend Bill, page 3, line 1, by striking out "3" and inserting
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Amend Bill, page 3, line 8, by striking out "4" and inserting
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See A05036 in
the context
of SB0167