PRIOR PRINTER'S NO. 1215
PRINTER'S NO. 2403
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
983
Session of
2023
INTRODUCED BY RABB, KAUFER, KRAJEWSKI, MADDEN, MALAGARI, ROZZI,
STEELE, SANCHEZ, KHAN, CEPEDA-FREYTIZ, GILLEN AND OTTEN,
MAY 18, 2023
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 11, 2023
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in commercial drivers, further providing for
definitions; and, 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. The definition of "controlled substance" in
section 1603 of Title 75 of the Pennsylvania Consolidated
Statutes 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
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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. Sections 3802(d)(1) and 3810 of Title 75 are
amended to read:
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. SECTION 3802(D)(1) OF TITLE 75 IS AMENDED AND THE
SUBSECTION 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
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vehicle under any of the following circumstances:
(1) There is in the individual's blood [any] AN amount
of [a] ANY OF THE FOLLOWING :
(i) a 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[;]. EXCEPT FOR AN INDIVIDUAL HOLDING A
COMMERCIAL DRIVER'S LICENSE, THIS SUBPARAGRAPH SHALL NOT
APPLY TO MEDICAL MARIJUANA.
(ii) a 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] METABOLITE of a substance under
subparagraph (i) or (ii).
* * *
(5) THE INDIVIDUAL IS UNDER THE INFLUENCE OF MEDICAL
MARIJUANA OR THE COMBINED INFLUENCE OF MEDICAL MARIJUANA AND
ALCOHOL, A DRUG, A COMBINATION OF DRUGS OR COMBINATION OF
DRUGS AND ALCOHOL, WHICH IMPAIRS THE INDIVIDUAL'S ABILITY TO
SAFELY DRIVE, OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE
MOVEMENT OF THE VEHICLE.
* * *
SECTION 3. SECTION 3810 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,
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2016 (P.L.84, No.16), known as the Medical Marijuana Act , OR
MEDICAL MARIJUANA is not a defense to a charge of violating this
chapter.
Section 3 4. This act shall take effect in 60 days.
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