Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB878

Introduced
3/11/25  

Caption

In driving after imbibing alcohol or utilizing drugs, further providing for definitions, for driving under influence of alcohol or controlled substance and for authorized use not a defense.

Impact

If enacted, the bill would have a significant impact on how DUI cases involving medical marijuana are prosecuted in Pennsylvania. It allows individuals legally using medical marijuana to claim it as a defense against DUI charges, provided they are not holding a commercial driver's license. This change would fundamentally alter the legal landscape for medical marijuana users and set a precedent for how such cases are handled in the state, potentially leading to fewer convictions for medical marijuana users under DUI laws.

Summary

House Bill 878 seeks to amend Title 75 of the Pennsylvania Consolidated Statutes, specifically dealing with driving under the influence of alcohol and controlled substances. The bill introduces a definition for 'medical marijuana' and establishes specific defensive provisions for individuals charged with DUI when the controlled substance involved is medical marijuana. This legislation aims to clarify the legal standing regarding the consumption of medical marijuana and its implications for drivers and law enforcement.

Sentiment

The sentiment surrounding House Bill 878 appears to be cautiously optimistic among proponents of medical marijuana and those advocating for drivers' rights. Supporters argue that the bill is a necessary recognition of the legitimate use of medical marijuana and addresses the evolving views on marijuana legislation. However, there may be concerns among law enforcement and anti-drug advocacy groups about the potential for increased DUI offenses amongst users, which could lead to debates about public safety and enforceability of DUI laws.

Contention

Key points of contention regarding HB 878 include whether the allowance for medical marijuana users to use it as a defense undermines the effectiveness of DUI deterrents. Critics may argue that this could complicate DUI enforcement and give a legal loophole for those under the influence of other substances. Moreover, the bill does not provide guidance for the thresholds of medical marijuana use while driving, which could lead to ambiguity and challenges in court regarding establishing impairment.

Companion Bills

No companion bills found.

Previously Filed As

PA HB983

In driving after imbibing alcohol or utilizing drugs, further providing for definitions, for driving under influence of alcohol or controlled substance and for authorized use not a defense.

PA SB363

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.

PA HB1781

In driving after imbibing alcohol or utilizing drugs, further providing for accelerated rehabilitative disposition and for drug and alcohol assessments.

PA SB453

In sentencing, further providing for sentence of total confinement; in licensing of drivers, further providing for driving while operating privilege is suspended or revoked and for ignition interlock limited license; and, in driving after imbibing alcohol or utilizing drugs, further providing for ignition interlock.

PA HB1712

In sentencing, further providing for sentence of total confinement; in general provisions, further providing for definitions; in licensing of drivers, further providing for the offense of driving while operating privilege is suspended or revoked and for ignition interlock limited license; and, in driving after imbibing alcohol or utilizing drugs, further providing for ignition interlock, for prior offenses, for Accelerated Rehabilitative Disposition, for drug and alcohol assessments and for mandatory sentencing and providing for substance monitoring program.

PA HB1290

In licensing of drivers, further providing for ignition interlock limited license; and, in driving after imbibing alcohol or utilizing drugs, further providing for penalties, for ignition interlock and for Accelerated Rehabilitative Disposition.

PA HB408

In miscellaneous provisions, further providing for the offenses of homicide by vehicle while driving under influence and aggravated assault by vehicle while driving under the influence.

PA SB846

Providing for adult use cannabis; regulating the personal use and possession of cannabis; establishing the Cannabis Regulatory Control Board; providing for powers and duties of the Cannabis Regulatory Control Board; establishing the Cannabis Business Development Fund; providing for social and economic equity, for regulation of cannabis business establishments, for enforcement and immunities, for laboratory testing, for advertising, marketing, packaging and labeling and for preparation, destruction and regulation of cannabis and cannabis-infused edible and nonedible products; imposing a sales tax and excise tax on cannabis and cannabis-infused edible and nonedible products; establishing the Cannabis Regulation Fund; providing for cannabis clean slate and for miscellaneous provisions; imposing penalties; consolidating provisions relating to medical marijuana; transferring certain powers and duties of the Department of Health to the Cannabis Regulatory Control Board; 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; and making repeals.

PA HB2210

Providing for adult use cannabis; regulating the personal use and possession of cannabis; establishing the Cannabis Regulatory Control Board; providing for powers and duties of the Cannabis Regulatory Control Board; establishing the Cannabis Business Development Fund; providing for social and economic equity, for regulation of cannabis business establishments, for enforcement and immunities, for laboratory testing, for advertising, marketing, packaging and labeling and for preparation, destruction and regulation of cannabis and cannabis-infused edible and nonedible products; imposing a sales tax and excise tax on cannabis and cannabis-infused edible and nonedible products; establishing the Cannabis Regulation Fund; providing for cannabis clean slate and for miscellaneous provisions; imposing penalties; consolidating provisions relating to medical marijuana; transferring certain powers and duties of the Department of Health to the Cannabis Regulatory Control Board; 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; and making repeals.

PA HB1661

Further providing for schedules of controlled substances; and providing for secure storage of xylazine.

Similar Bills

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CA AB3336

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CA SB250

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CA AB2783

Controlled substances: hydrocodone combination products: schedules.

HI SB132

Relating To Alcohol And Substance Abuse.

HI SB132

Relating To Alcohol And Substance Abuse.

LA SB61

Authorizes the secretary of the Department of Health and Hospitals to issue stop order rules on certain dangerous substances. (8/1/12)

MA H2227

Replacing archaic and stigmatizing language for substance use