SB 167 (2021)

Provides certain DUI protections for medical marijuana patients

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Latest Action: Tabled in Senate on 10/24/2022

Summary

This bill would require “proof of actual impairment” for an individual who is a valid medical marijuana patient who is unable to safely drive, operate, or be in control of a vehicle to be charged with a DUI.


The bill would establish that possession of a medical marijuana identification card is not enough to establish probable cause to charge someone with driving under the influence or reasonable grounds to request a chemical test related to determining the amount of a controlled substance in a person's system. This would not supersede any Federal regulations related to the operation of commercial vehicles or school vehicles. 


A person lawfully charged with a DUI would not be able to use their status as a medical marijuana patient to defend against driving under the influence. This bill would be effective 60 days after it is approved.