SB 63 — 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.

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
 1   Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
 2      Statutes, in driving after imbibing alcohol or utilizing
 3      drugs, further providing for definitions, for driving under
 4      influence of alcohol or controlled substance and for
 5      authorized use not a defense.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Section 3801 of Title 75 of the Pennsylvania
 9   Consolidated Statutes is amended by adding a definition to read:
10   § 3801.    Definitions.
11      The following words and phrases when used in this chapter
12   shall have the meanings given to them in this section unless the
13   context clearly indicates otherwise:
14      * * *
15      "Medical marijuana."     Marijuana used lawfully in accordance
16   with the act of April 17, 2016 (P.L.84, No.16), known as the
17   Medical Marijuana Act.
18      * * *
19      Section 2.    Sections 3802(d)(1) and (2) and 3810 of Title 75
 1   are amended to read:
 2   § 3802.    Driving under influence of alcohol or controlled
 3                   substance.
 4      * * *
 5      (d)    Controlled substances.--An individual may not drive,
 6   operate or be in actual physical control of the movement of a
 7   vehicle under any of the following circumstances:
 8             (1)   There is in the individual's blood any amount of a:
 9                   (i)    Schedule I controlled substance, as defined in
10             the act of April 14, 1972 (P.L.233, No.64), known as The
11             Controlled Substance, Drug, Device and Cosmetic Act.
12             Except for an individual holding a commercial driver's
13             license as defined in section 1603 (relating to
14             definitions), this subparagraph shall not apply to
15             medical marijuana;
16                   (ii)    Schedule II or Schedule III controlled
17             substance, as defined in The Controlled Substance, Drug,
18             Device and Cosmetic Act, which has not been medically
19             prescribed for the individual; or
20                   (iii)    metabolite of a substance under subparagraph
21             (i) or (ii).
22             (2)   The individual is under the influence of a drug,
23      including medical marijuana, or combination of drugs which
24      includes medical marijuana to a degree which impairs the
25      individual's ability to safely drive, operate or be in actual
26      physical control of the movement of the vehicle. The
27      following apply:
28                   (i)    Possession of a medical marijuana patient
29             identification card shall not, in and of itself,
30             establish reasonable grounds to request a chemical test

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 1             under section 1547 (relating to chemical testing to
 2             determine amount of alcohol or controlled substance).
 3                 (ii)   Possession of a medical marijuana patient
 4             identification card shall not, in and of itself, be
 5             sufficient to establish probable cause to charge the
 6             individual with a violation of this section.
 7             * * *
 8   § 3810.    Authorized use not a defense.
 9      The fact that a person charged with violating this chapter is
10   or has been legally entitled to use alcohol [or], controlled
11   substances or medical marijuana is not a defense to a charge of
12   violating this chapter.
13      Section 3.     This act shall take effect in 60 days.




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