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.