Can you get charged with a DUI for driving under the influence of marijuana in Maryland? The answer is yes. While possession of small amounts of marijuana was recently decriminalized, driving under the influence of marijuana remains a crime. In addition, there is no blood testing standard for marijuana in Maryland, which means that any amount of the drug found in your blood can be used to convict you of a DUI. Learn more in our blog.
Marijuana DUI in Maryland 101
How can I be charged with a DUI for driving under the influence of marijuana?
You can be charged with a marijuana DUI based on the officer’s assessment of your impairment (using his or her own observations and/or field sobriety testing), and/or with an analysis of your blood.
How much THC do I have to have in my blood to be charged?
A number of states have instituted thresholds similar to BAC levels used to determine the alcohol content of your blood. In Colorado, for example, if you have 5 nanograms of THC metabolite per milliliter of blood (or greater) you will be charged with a DUI.
In Maryland, however, there is no blood testing standard for drugs, including marijuana. This means that if any THC is found in your blood, you can be charged with a DUI. This is especially important to remember, considering that THC can remain in the bloodstream long after its effects have worn off.
What if I have a prescription for medical marijuana?
As long as you are determined to be impaired, even if you have a prescription, you can be charged with a DUI.
What are the penalties for a marijuana DUI in Maryland?
For a first conviction, the offender will face:
- A fine of up to $1,000, up to 1 year in jail, or both.
- If a minor was in the vehicle at the time of the offense, up to $2,000 and/or 2 years in jail.
- Suspension of license for up to 45 days.
- Participation in a drug and alcohol education/treatment program.
BRUCE ROBINSON & ASSOCIATES
Bruce Robinson & Associates is a criminal defense law firm based in Baltimore, MD. If you have been accused of criminal actions and need to seek aggressive counsel, Robinson & Associates is here to help. For more information and to schedule your free consultation, give Robinson & Associates a call at 443-524-7395 or visit us at www.marylandcriminallawyer.com. You can also follow us on Facebook, Twitter, and Google+.
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