I 
114TH CONGRESS 
1ST SESSION H. R. 2598 
To amend title 23, United States Code, to establish requirements relating 
to marijuana-impaired driving, to direct the Administrator of the Na-
tional Highway Traffic Safety Administration to issue comprehensive 
guidance on the best practices to prevent marijuana-impaired driving, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 1, 2015 
Mr. POLIS (for himself and Mr. PERLMUTTER) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend title 23, United States Code, to establish require-
ments relating to marijuana-impaired driving, to direct 
the Administrator of the National Highway Traffic Safe-
ty Administration to issue comprehensive guidance on 
the best practices to prevent marijuana-impaired driving, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Lucid Act of 2015’’. 
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SEC. 2. SAFETY INCENTIVES TO PREVENT OPERATION OF 
MOTOR VEHICLES BY INTOXICATED PER-
SONS. 
(a) IN GENERAL.—Section 163 of title 23, United 
States Code, is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) MARIJUANA-IMPAIRED DRIVING.—In addition to 
the other requirements of this section, in the case of a 
State in which the possession or use of marijuana is legal 
under the laws of the State with or without medical jus-
tification, the State shall be eligible for a grant under sub-
section (b), and shall be exempt from withholding under 
subsection (e), for a fiscal year only if the State— 
‘‘(1) has in effect a law that prohibits an indi-
vidual from driving or being in actual physical con-
trol of a motor vehicle while impaired by marijuana, 
as determined using measures established by the 
State; and 
‘‘(2) enforces that law using training and meth-
ods for determining cognitive or physical marijuana 
impairment.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to— 
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(1) the earlier of— 
(A) the second fiscal year beginning after 
the date of enactment of this Act; and 
(B) the first fiscal year beginning after the 
90th day following the date of publication of 
the report required under section 4(b); and 
(2) each fiscal year thereafter. 
SEC. 3. MINIMUM PENALTIES FOR REPEAT OFFENDERS 
FOR DRIVING WHILE INTOXICATED OR DRIV-
ING UNDER THE INFLUENCE. 
(a) IN GENERAL.—Section 164(a)(2) of title 23, 
United States Code, is amended to read as follows: 
‘‘(2) DRIVING
WHILE
INTOXICATED; DRIVING 
UNDER THE INFLUENCE.—The terms ‘driving while 
intoxicated’ and ‘driving under the influence’ 
mean— 
‘‘(A) driving or being in actual physical 
control of a motor vehicle while having an alco-
hol concentration above the permitted limit, as 
established by each State; and 
‘‘(B) in the case of a State in which the 
possession or use of marijuana is legal under 
the laws of the State with or without medical 
justification, driving or being in actual physical 
control of a motor vehicle while impaired by 
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marijuana as determined using measures estab-
lished by the State, if the State has imple-
mented such measures.’’. 
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply to fiscal years beginning after the 
date of enactment of this Act. 
SEC. 4. EVALUATION OF MEASURES TO TEST FOR MARI-
JUANA IMPAIRMENT. 
(a) STUDY.— 
(1) IN
GENERAL.—The Administrator of the 
National Highway Traffic Safety Administration 
shall conduct scientific testing to determine— 
(A) the extent to which marijuana impairs 
an individual’s ability to drive a motor vehicle; 
(B) how the magnitude of such impairment 
varies among individuals depending on certain 
characteristics, including age, sex, body mass 
index, health status, and history of marijuana 
use; 
(C) whether or not it is possible to reliably 
determine whether and to what extent an indi-
vidual is cognitively or physically impaired by 
marijuana solely by measuring the concentra-
tion of tetrahydrocannabinol (in this subsection 
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tions, divided attention, signal detection, 
concentration, and hazard perception; and 
(ii) experimentation on a driving 
course or driving simulator (or both) that 
measures the impact of marijuana on driv-
ing performance; and 
(B) be completed not later than 2 years 
after the date of enactment of this Act. 
(3) AVAILABILITY
OF
MARIJUANA
TO
NHTSA 
FOR RESEARCH PURPOSES.—Not later than 60 days 
after receiving a request for research-grade mari-
juana from the Administrator, the National Institute 
on Drug Abuse shall make marijuana available to 
the Administrator in an amount sufficient for the 
Administrator to carry out the requirements of this 
subsection. Such marijuana shall be as similar as 
practicable in THC concentration to marijuana typi-
cally sold at marijuana dispensaries in States in 
which the use of marijuana is legal with or without 
medical justification. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Adminis-
trator shall issue a report that— 
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(A) contains recommendations to States on 
how to prevent marijuana-impaired driving, in-
cluding— 
(i) the most effective measures for de-
termining marijuana impairment; 
(ii) the most effective methods for 
testing for marijuana impairment at the 
roadside, including an analysis of the af-
fordability and feasibility of such testing 
for State and local law enforcement agen-
cies; and 
(iii) strategies for addressing the dan-
gers posed by drivers who are impaired si-
multaneously by marijuana and other sub-
stances such as alcohol and prescription 
opioid medications; 
(B) incorporates the results of other avail-
able cognitive, experimental, and epidemiolog-
ical studies; and 
(C) summarizes any findings from the 
study conducted under subsection (a) that are 
available at the time of the report. 
(2) PUBLICATION.—The Administrator shall— 
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(A) make the report described in para-
graph (1) available without cost in an elec-
tronic, publicly accessible format; 
(B) publish updates to the report every 6 
months to account for further findings derived 
from the study conducted under subsection (a) 
and other relevant cognitive, experimental, and 
epidemiological research; and 
(C) make all raw statistical data derived 
from the study conducted under subsection (a) 
available in an electronic, publicly accessible 
format, which shall be— 
(i) made available without charge, li-
cense, or registration requirement; 
(ii) capable of being searched and ag-
gregated; 
(iii) permitted to be downloaded, in-
cluding downloaded in bulk; and 
(iv) updated every 6 months until the 
study is completed and the entirety of the 
results of the study has been published. 
Æ 
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