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Senate Bill 167 Printer's Number 1830

PENNSYLVANIA, June 28 - proof of actual impairment shall be required.

(D.1) PROOF OF ACTUAL IMPAIRMENT.--FOR THE PURPOSES OF

SUBSECTION (D), 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.

(D.2) MEDICAL MARIJUANA.--THE FOLLOWING SHALL APPLY:

(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 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 3 2. Section 3810 of Title 75 is amended to read:

20210SB0167PN1830 - 3 -

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