This bill is dead.
Currently, a person legally entitled to use a controlled substance or marijuana other than alcohol doesn't violate the driving under the influence provision unless such person is rendered incapable of driving safely. This bill would change it to prohibit driving with any amount marijuana or a controlled substance present in the person's blood or urine whether or not the person was legally entitled to use the substance.
Died after the second read
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, or while having a specified blood alcohol concentration or any amount of marijuana or a controlled substance present in the persońs blood or urine, is amended by striking subsections (a) and (b) and inserting in lieu thereof the following:
∀(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
(5) The persońs alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(6) Subject to the provisions of subsection (b) of this Code section, there There is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the persońs blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the persońs breath or blood.
(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use.∀
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
