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.
* * *
Section 2. Section 3802(d)(1)(i) of Title 75 is amended and
(d) is amended by adding a paragraph to read:
§ 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) 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;
* * *
(5) If the individual is a medical marijuana patient in
compliance with the provisions of the Medical Marijuana Act,
proof of actual impairment shall be required.
* * *
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