HB 983: Bill to Remove DUI Penalties for Medical Cannabis Use
- Currently, over 700,000 medical marijuana card holders in Pennsylvania are technically committing a DUI under 75 § 3802 if they drive, even if there are only trace amounts of marijuana metabolite in their system from weeks prior and they are not impaired.
- Bill HB 983 (PN 1215) is proposed to make two key changes to this law: a) it will clarify that medical marijuana is not a controlled substance, and b) it will specify that the strict liability provision of 75 § 3802(d)(1) does not apply to medical marijuana.
- Despite these changes, if a person is actually impaired, they would still be committing a DUI under 75 § 3802(d)(2), meaning that the changes introduced by HB 983 wouldn’t affect those driving while impaired by medical marijuana. Current penalties for such behavior would still apply.
Session: 2023-2024
ACLU-PA Position: Supports
Over 700,000 Pennsylvanians hold medical marijuana cards, yet no one can lawfully drive. If any marijuana metabolite is detected, even weeks after use with no impairment, it’s a DUI under 75 § 3802.
Proposed Changes via HB 983
HB 983 (PN 1215) proposes two key changes:
- Establishes that medical marijuana isn’t a controlled substance.
- Clarifies that the strict liability clause in 75 § 3802(d)(1) doesn’t apply to it.
While genuinely impaired drivers will still be accountable under 75 § 3802(d)(2), HB 983 will not modify that. Those driving impaired due to medical marijuana will still face penalties.
HB 983 aims to strike a fair balance between holding impaired drivers accountable and allowing over 700,000 medical marijuana cardholders, many with disabilities, the right to drive.
To check the bill’s status, visit the bill history page.
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