S0773B1771A06303 LKK:JMT 06/19/20 #90 A06303
AMENDMENTS TO SENATE BILL NO. 773
Sponsor: REPRESENTATIVE CARROLL
Printer's No. 1771
Amend Bill, page 1, line 15, by inserting after "REVOKED;"
in commercial drivers, further providing for definitions;
Amend Bill, page 1, line 16, by inserting after "FOR" where
it occurs the first time
driving under influence of alcohol or controlled substance and
for
Amend Bill, page 1, line 18, by inserting after "DISPOSITION"
, for authorized use not a defense
Amend Bill, page 11, by inserting between lines 16 and 17
Section 2.1. The definition of "controlled substance" in
section 1603 is amended to read:
§ 1603. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Controlled substance." Any substance so defined or
classified, except marijuana used lawfully in accordance with
the act of April 17, 2016 (P.L.84, No.16), known as the Medical
Marijuana Act, under:
(1) The act of April 14, 1972 (P.L.233, No.64), known as
The Controlled Substance, Drug, Device and Cosmetic Act.
(2) Section 102(6) of the Controlled Substance Act
(Public Law 91-513, 21 U.S.C. § 802(6)).
(3) Schedules I through V of 21 CFR Part 1308.
(4) Any revisions to paragraphs (2) or (3) which are
published by the Department of Transportation as notices in
the Pennsylvania Bulletin.
* * *
Amend Bill, page 11, line 17, by striking out "SECTION" where
it occurs the second time and inserting
Sections 3802(d) and
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Amend Bill, page 11, by inserting between lines 18 and 19
§ 3802. Driving under influence of alcohol or controlled
substance.
* * *
(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) There is in the individual's blood any amount of
[a]:
(i) a Schedule I controlled substance, as defined in
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act,
except marijuana used lawfully in accordance with the act
of April 17, 2016 (P.L.84, No.16), known as the Medical
Marijuana Act;
(ii) a Schedule II or Schedule III controlled
substance, as defined in The Controlled Substance, Drug,
Device and Cosmetic Act, which has not been medically
prescribed for the individual; or
(iii) metabolite of a substance under subparagraph
(i) or (ii).
* * *
Amend Bill, page 15, by inserting after line 30
Section 7.1. Section 3810 of Title of Title 75 is amended to
read:
§ 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
a defense to a charge of violating this chapter.
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