S0363B0307A03266 NAD:AAS 12/11/23 #90 A03266
AMENDMENTS TO SENATE BILL NO. 363
Sponsor: SENATOR BARTOLOTTA
Printer's No. 307
Amend Bill, page 1, lines 8 and 9, by striking out all of
said lines and inserting
Section 1. Section 3802(d) of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding paragraphs to read:
Amend Bill, page 1, lines 13 through 19; page 2, lines 1
through 20; by striking out all of said lines on said pages and
inserting
(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:
* * *
(1.1) For the purposes of this subsection, if an
individual is a medical marijuana patient in compliance with
the provisions of the act of April 17, 2016 (P.L.84, No.16),
known as the Medical Marijuana Act, proof of actual
impairment shall be required if the individual is unable to
safely drive, operate or be in actual physical control of a
vehicle. Valid certification to use medical marijuana under
the Medical Marijuana Act shall not, in and of itself, be
sufficient evidence for a conviction under this section.
(1.2) (i) A medical marijuana patient convicted of
operating a vehicle while impaired to a degree that the
individual is unable to safely drive, operate or be in
actual physical control of the vehicle shall be penalized
under section 3804(c) (relating to penalties).
(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.
(iii) Possession of a medical marijuana patient
identification card shall not, in and of itself,
establish reasonable grounds to request a chemical test
under section 1547 (relating to chemical testing to
determine amount of alcohol or controlled substance).
(iv) Nothing in this paragraph shall be construed to
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supersede Federal regulation of the licensing and
operation of commercial vehicles and school vehicles.
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