PRINTER'S NO. 24
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.63
Session of
2025
INTRODUCED BY BARTOLOTTA, STREET, TARTAGLIONE, FONTANA, KEARNEY,
SCHWANK, LAUGHLIN AND KANE, JANUARY 22, 2025
REFERRED TO TRANSPORTATION, JANUARY 22, 2025
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3801 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 3801. 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:
* * *
"Medical marijuana." Marijuana used lawfully in accordance
with the act of April 17, 2016 (P.L.84, No.16), known as the
Medical Marijuana Act.
* * *
Section 2. Sections 3802(d)(1) and (2) and 3810 of Title 75
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19 are amended 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 for an individual holding a commercial driver's
license as defined in section 1603 (relating to
definitions), this subparagraph shall not apply to
medical marijuana;
(ii) 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).
(2) The individual is under the influence of a drug ,
including medical marijuana, or combination of drugs which
includes medical marijuana to a degree which impairs the
individual's ability to safely drive, operate or be in actual
physical control of the movement of the vehicle. The
following apply:
(i) Possession of a medical marijuana patient
identification card shall not, in and of itself,
establish reasonable grounds to request a chemical test
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30 under section 1547 (relating to chemical testing to
determine amount of alcohol or controlled substance).
(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.
* * *
§ 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 medical marijuana is not a defense to a charge of
violating this chapter.
Section 3. This act shall take effect in 60 days.
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