Pennsylvania Consolidated Statutes

75 Pa. Cons. Stat. § 3810 (2026)

Authorized use not a defense.

✓ current as of May 2026

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§ 3810. Authorized use not a defense.

The fact that a person charged with violating this chapter is or has been legally entitled to use alcohol or controlled substances is not a defense to a charge of violating this chapter.

Notes of Decisions

Cited in 4 cases (4 in the last 5 years), 2022–2024 · leading case: Com. v. Stone, R., 273 A.3d 1163 (Pa. Super. Ct. 2022).

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Com. v. Stone, R., 273 A.3d 1163 (Pa. Super. Ct. 2022). · cites it 2× “See 75 Pa.C.S. § 3810 (stating that “[t]he fact that a person charged with violating this chapter is or has been - 10 - J-E03005-21 legally entitled to use alcohol or controlled substances is not a defense to a charge of violating this chapter”).”

Com. v. Williams, E. (Pa. Super. Ct. 2023). “2007); see also 75 Pa.C.S. § 3810 (stating that “[t]he fact that a person charged with violating this chapter is or has been legally entitled to use alcohol or controlled substances is not a defense to a charge of violating his chapter.”

Com. v. Clark, J. (Pa. Super. Ct. 2024). “75 Pa.C.S. § 3810 (“The fact that a person charged with violating this chapter [prohibiting driving under the influence of alcohol or controlled substances] is or has been legally entitled to use alcohol or controlled substances is not a defense to a charge of violating this…”

Com. v. Johnson, R. (Pa. Super. Ct. 2024). “” 75 Pa.C.S. § 3810. The Medical Marijuana Act, in relevant part, provides that a “patient” shall not “be subject to arrest, prosecution or penalty in any manner, or denied ____________________________________________ 3 It is undisputed that marijuana and its metabolites are…”

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