PENNSYLVANIA, February 5 - 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.

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Section 2. Section 3802(d)(1)(i) of Title 75 is amended and

(d) is amended by adding a paragraph to read:

§ 3802. Driving under influence of alcohol or controlled

substance.

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(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 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,

except marijuana used lawfully in accordance with the act

of April 17, 2016 (P.L.84, No.16), known as the Medical

Marijuana Act;

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(5) If the individual is a medical marijuana patient in

compliance with the provisions of the Medical Marijuana Act,

proof of actual impairment shall be required.

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20210SB0167PN0151 - 2 -

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