PENNSYLVANIA, February 21 - Medical Marijuana Act shall not, in and of itself, be sufficient

evidence for a conviction under this section.

(d.2) Medical marijuana.--

(1) 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).

(2) 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.

(3) 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).

(4) Nothing in this section shall be construed to

supersede Federal regulation of the licensing and operation

of commercial vehicles and school vehicles.

* * *

Section 2. 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,

2016 (P.L.84, No.16), known as the Medical Marijuana Act, is not

a defense to a charge of violating this chapter.

Section 3. This act shall take effect in 60 days.

20230SB0363PN0307 - 2 -

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