Is Driving While High on Marijuana Illegal in Maryland?

 Posted on August 12, 2024 in DUI

With the legalization of recreational marijuana in Maryland, many people are left wondering about the implications of its use, especially when it comes to driving high. While adults can legally possess and use marijuana, driving under the influence remains illegal. Law enforcement officers are vigilant about keeping the roads safe, and those suspected of driving high on marijuana can face serious penalties. If you are facing charges related to allegedly driving under the influence of marijuana, contacting a lawyer to understand the charges and potential defense strategies is essential.

Marijuana-Related DUI Offenses in Maryland

In Maryland, driving under the influence (DUI) of marijuana is treated similarly to alcohol-related offenses. Maryland law prohibits operating a vehicle while impaired by drugs, including cannabis. Police may decide to charge a driver with DUI based on evidence of impairment, even if there is no alcohol involved in the situation. The penalties can include fines, a suspended license, and potential jail time, making it important to approach any charges in a strategic way.

Do Field Sobriety Tests Exist for Marijuana?

Field sobriety tests (FSTs) are commonly used by law enforcement to assess whether a driver is impaired. While standardized tests like the Horizontal Gaze Nystagmus (HGN) and walk-and-turn tests have been validated for alcohol impairment, there is no universally accepted field sobriety test specifically designed for marijuana intoxication.  Instead, officers often rely on general impairment indicators, such as red eyes or the inability to follow instructions.

Can a Field Sobriety Test for Marijuana Be Challenged After the Fact?

Since FSTs for marijuana are not standardized, their reliability can be questioned. Officers may rely on these tests to evaluate a driver’s impairment, but other factors, like a medical condition or anxiety, can influence these assessments. Your defense attorney may decide to argue that whatever FST was performed failed to accurately assess impairment from the alleged marijuana use, thereby weakening the prosecution’s case against you.

Demonstrating a Lack of Marijuana Impairment as a Defense Strategy

A robust defense may also focus on demonstrating that you were not impaired at the time of the incident. This approach could involve providing evidence of a previously clean driving record or witness testimonials confirming you were not high when you were driving.

Contact Our Silver Spring, MD Drug DUI Defense Attorney

Driving while high is illegal in Maryland, but understanding your legal options and potential defense strategies may make a positive difference in the outcome of your case. For an aggressive defense, contact the skillful Montgomery County, MD drug DUI defense lawyers with The Law Offices of Gerstenfield & Demirji, PC.. Available 24/7, call 301-589-9500 to schedule a free consultation.