HB 878 — 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.

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
 1   Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
 2      Statutes, in driving after imbibing alcohol or utilizing
 3      drugs, further providing for definitions, for driving under
 4      influence of alcohol or controlled substance and for
 5      authorized use not a defense.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Section 3801 of Title 75 of the Pennsylvania
 9   Consolidated Statutes is amended by adding a definition to read:
10   § 3801.    Definitions.
11      The following words and phrases when used in this chapter
12   shall have the meanings given to them in this section unless the
13   context clearly indicates otherwise:
14      * * *
15      "Medical marijuana."     Marijuana used lawfully in accordance
16   with the act of April 17, 2016 (P.L.84, No.16), known as the
17   Medical Marijuana Act.
18      * * *
19      Section 2.    Section 3802(d)(1) of Title 75 is amended and the
 1   section is amended by adding a subsection to read:
 2   § 3802.    Driving under influence of alcohol or controlled
 3                   substance.
 4      * * *
 5      (d)    Controlled substances.--An individual may not drive,
 6   operate or be in actual physical control of the movement of a
 7   vehicle under any of the following circumstances:
 8             (1)   [There] Except as provided for in subsection (h),
 9      there is in the individual's blood any amount of a:
10                   (i)    Schedule I controlled substance, as defined in
11             the act of April 14, 1972 (P.L.233, No.64), known as The
12             Controlled Substance, Drug, Device and Cosmetic Act;
13                   (ii)    Schedule II or Schedule III controlled
14             substance, as defined in The Controlled Substance, Drug,
15             Device and Cosmetic Act, which has not been medically
16             prescribed for the individual; or
17                   (iii)    metabolite of a substance under subparagraph
18             (i) or (ii).
19      * * *
20      (h)    Defense.--
21             (1)   It shall be a defense to a charge of violating
22      subsection (d)(1) if the controlled substance is medical
23      marijuana.
24             (2)   This subsection does not apply to an individual
25      holding a commercial driver's license.
26      Section 3.         Section 3810 of Title 75 is amended to read:
27   § 3810.    Authorized use not a defense.
28      [The] Except as provided in section 3802(h) (relating to
29   driving under influence of alcohol or controlled substance), the
30   fact that a person charged with violating this chapter is or has

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1   been legally entitled to use alcohol or controlled substances is
2   not a defense to a charge of violating this chapter.
3      Section 4.   This act shall take effect in 60 days.




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