Maryland Cannabis Laws and DUI
The legalization of cannabis for recreational use in the state of Maryland has caused a grey area for law enforcement and drivers. How much is too much to drive? What kind of limits are there? How can law enforcement test for impairment? Are the consequences the same as driving while impaired by alcohol?
History of DUI in Maryland
Maryland aligned with most states making driving while intoxicated by alcohol illegal in 1916. For decades, the standard of what was impaired was unclear. This made it difficult for drivers and law enforcement alike to have a fair idea of how much alcohol was too much alcohol to drive after consuming. In 1988, Maryland set the standard of .08 percent blood alcohol content or higher as considered driving while impaired.
In July, 2023 Maryland made it legal for people over age 21 to possess and use small amounts of marijuana. Previously, cannabis was legal for medical use only. Current Maryland laws and the highway safety department prohibit consumption of marijuana before or while driving.
Treating Alcohol and Marijuana Laws Differently
Historically, there is a similarity in Alcohol traffic laws and Cannabis traffic laws in that no one initially knew how to regulate what level of drinking caused impairment. There is no exact science yet to know what level of cannabis use causes impairment and how many hours after using cannabis you will still be impaired. There are several factors like age, weight, history of use and product used just like with alcohol.
There is no way to measure when a person last used or how much. Like with other drugs, law enforcement only have a urinalysis or blood test to say if someone has used or not used within the last several weeks. Tests can estimate the level of heavy use versus mild use of cannabis but not nearly enough to adequately measure impairment. Blood alcohol content can be pinpointed with a breathalyzer and blood test. Therefore, laws currently operate under a zero tolerance policy for using cannabis while driving.
The Gray Area of Being a Cannabis User and Driving
Many people think that they are far less impaired after consuming cannabis than they are after drinking alcohol. There are also so many different delivery methods which can make the effects of marijuana intoxication last for longer or shorter periods of time. But make no mistake, the law sees any cannabis intoxication as impairment.
This all leaves a cannabis user at risk for a driving while intoxicated charge. If law enforcement pulls someone over for an unrelated issue and smells marijuana, they then have probable cause to do a field sobriety test. Law enforcement has some tools for deciding if a person they believe to be consuming cannabis is actively intoxicated. They will look for red eyes, slow reaction time and problems with the field sobriety test.
They can then take a person to the hospital for blood testing of which there will be a positive result if cannabis has been consumed in the last several weeks.
This is where an experienced DUI attorney can step in and use expert testimony to show what the blood results can’t show. Troxler Law partners with medical experts who can give the Prosecution and Judge a better understanding of time and level of cannabis consumption and metabolism; helping your case.
The Consequences
Maryland Transportation Article section 21-902 provides drugged driving charges of Driving Under the Influence (DUI) and Driving While Intoxicated (DWI). A person can face up to a year of jail time, license suspension and a thousand dollar fine.
Things happen. If you are a cannabis user, it is easy to see how you could be justly or unjustly charged with driving while intoxicated or driving under the influence. Don’t settle for just any law office when fighting a cannabis related driving charge. Contact Troxler Law for a consultation and let our team help navigate your way out of these charges.