Maryland Criminal Attorney Blog
Marijuana is legal for recreational consumption in Maryland, but the laws surrounding its use, especially when combined with driving, are still evolving and often confusing. This creates a complex landscape for those facing Driving Under the Influence of Drugs (DUI) charges under Maryland Transportation Article 21-902 (c) or (d), and it’s crucial to understand how these changes might affect your DUI. As a criminal defense attorney, I regularly see first-hand the legal grey areas and want to shed some light on this important topic.
Do “Per Se” Laws Apply to Marijuana in Maryland?
Maryland has a “per se” law for alcohol, under TA §21-902(a)(2), meaning that if your Blood Alcohol Content (BAC) is above a certain limit (.08%), you are automatically considered impaired, regardless of your actual driving ability. This applies to alcohol consumption, but this isn’t as straightforward with marijuana or other controlled substances.
- Lack of a Universal Standard: Unlike alcohol, there’s no nationally accepted scientific standard for measuring marijuana impairment. THC, the psychoactive component of marijuana, affects individuals differently and can remain detectable in the body for weeks (maybe even longer), even after the impairing effects have worn off. This makes establishing a direct link between THC levels and driving impairment significantly harder. For instance, a chronic user might have a higher THC concentration in their blood but show fewer signs of impairment than an occasional user with a lower concentration.
- State Variations: The legal limits for THC in drivers vary drastically by state. Some states have zero-tolerance policies, meaning any detectable amount of THC can result in a DUI. Others have set specific nanogram limits per milliliter of blood (e.g., 5 ng/ml), while some states (like Maryland) have no per se limits at all, relying instead on observable impairment and a positive test result. A positive test result for THC may not result in a conviction if the driver appears coherent and capable of driving.
Challenges in Proving Impairment
Proving marijuana impairment in court presents unique challenges.
- Subjectivity of Standardized Field Sobriety Tests (SFSTs): While SFSTs are used for both alcohol and marijuana DUI cases, their reliability for marijuana is questionable. SFSTs aren’t designed to isolate marijuana impairment, and performance can be affected by factors unrelated to drug use, such as fatigue, anxiety, or pre-existing medical conditions. We talked about this exact issue in a previous blog post (found here). For example, the “one-leg stand” test could be impacted by a previous leg injury, unfairly suggesting impairment.
- Drug Recognition Experts (DREs): Maryland has officers who are trained as Drug Recognition Experts or DREs, officers trained to identify drug-induced impairment. However, the science behind DRE evaluations is debated, and their testimony can be challenged in court. The subjective nature of their assessments leaves room for substantial error and bias. Many cases I’ve handled have had confusing and often contradictory results from DRE experts. I’ve repeatedly filed to exclude evidence from the so-called expertise of Drug Recognition Experts.
- Lack of Standardized Testing: Unlike breathalyzers for alcohol, there’s no readily available, reliable roadside test for marijuana impairment. Blood tests are typically used, but as mentioned earlier, Maryland does not have any standard result for the presence of THC.
Defending a Maryland Marijuana DUI Case
Despite the complexities, there are numerous defense strategies for marijuana DUI cases.
- Challenging the Test Results: We can challenge the validity of blood tests by questioning the collection, handling, and analysis procedures. We can also argue that the presence of THC doesn’t equate to impairment. Maryland does not have any accepted amount of THC in the blood to determine impairment.
- Questioning Officer Observations: Thorough cross-examination of the arresting officer can expose inconsistencies or weaknesses in their observations of impairment. We can examine the officer’s training and experience in detecting marijuana impairment.
- Presenting Expert Testimony: Expert witnesses, such as toxicologists or psychologists, can provide valuable insights into the complexities of marijuana impairment and challenge the prosecution’s evidence.
The Bottom Line: Contact an Aggressive DUI Defense Attorney
Marijuana DUI laws are far behind the legalization of the drug for recreational purposes, and navigating them requires experienced legal counsel.
If you’re facing a marijuana DUI charge, don’t attempt to navigate this legal maze alone. Contact a qualified criminal defense attorney immediately to understand your rights and develop a strong defense strategy. The laws are complex, but with the right legal representation, you can protect your rights and achieve the best possible outcome. Don’t hesitate to reach out for a consultation to discuss your specific situation.
If you have questions or need representation for a DUI or believe you have been falsely arrested for a DUI, contact Kurt E. Nachtman and the Silverman Thompson DUI defense team at kurt@silvermanthompson.com or 800-385-2243.