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PRINTER'S NO. 918
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 878
Session of
2025
INTRODUCED BY RABB, WAXMAN, GIRAL, MADDEN, SANCHEZ AND
HOHENSTEIN, MARCH 11, 2025
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 11, 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. Section 3802(d)(1) of Title 75 is amended and the
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section is amended by adding a subsection 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] Except as provided for in subsection (h),
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;
(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).
* * *
(h) Defense.--
(1) It shall be a defense to a charge of violating
subsection (d)(1) if the controlled substance is medical
marijuana.
(2) This subsection does not apply to an individual
holding a commercial driver's license.
Section 3. Section 3810 of Title 75 is amended to read:
§ 3810. Authorized use not a defense.
[The] Except as provided in section 3802(h) (relating to
driving under influence of alcohol or controlled substance), the
fact that a person charged with violating this chapter is or has
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been legally entitled to use alcohol or controlled substances is
not a defense to a charge of violating this chapter.
Section 4. This act shall take effect in 60 days.
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