PENNSYLVANIA, January 22 - are amended 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 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 for an individual holding a commercial driver's

license as defined in section 1603 (relating to

definitions), this subparagraph shall not apply to

medical marijuana;

(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).

(2) The individual is under the influence of a drug,

including medical marijuana, or combination of drugs which

includes medical marijuana to a degree which impairs the

individual's ability to safely drive, operate or be in actual

physical control of the movement of the vehicle. The

following apply:

(i) Possession of a medical marijuana patient

identification card shall not, in and of itself,

establish reasonable grounds to request a chemical test

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