Login Logout

free countersfree counters

Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Maryland Drugged Driving

In Maryland, a person is guilty of DUI if he or she is (1) driving any vehicle while the driver is so far impaired by any drug that he or she cannot drive a vehicle safely, OR (2) driving any vehicle while the person is impaired by any controlled dangerous substance, if the person is not entitled to use the controlled dangerous substance under the laws of this State. Md. Code. Ann. Transp. §§ 21-902 (c)(1),(d)(1) (West 2010).

Affirmative Defense

It is an affirmative defense to the second type of DUI if the driver is or has been entitled to use the controlled substance under the laws of Id. § 21-902 (d)(1).

NOTE: This affirmative defense does not currently apply in Maryland. Maryland courts have ruled that Maryland's medical cannabis laws DO NOT legally entitle any person to use cannabis. Maryland's Compassionate Use Act still subjects patients to criminal penalties, but allows that medical necessity be considered in order to mitigate penalties associated with possession and use. Jefferson v. State, 883 A.2d 251 (2005).

Furthermore, since The Compassionate Use Act is only explicitly applicable with regard to possession and use, it is unlikely that the court will find medical use a mitigating factor in a DUI proceeding.

Implied Consent

  • Any person who drives or attempts to drive a motor vehicle in Maryland is deemed to have consented to take a test if the person should be detained on suspicion of driving or attempting to drive while under the influence of alcohol or while so far impaired by any drug that the person could not drive a vehicle safely, or while impaired by a controlled dangerous substance. Md. Code. Ann. Transp. § 16-205.1(a)(2) (West 2010).

  • Unless the incident leads to an accident that results in death or a life threatening injury to another person, the driver may not be compelled to take a test. Id. § 16-205.1.

  • Refusal to submit to chemical test(s) will result in the suspension of the person's driver's license for up to 45 days. Id. § 16-205.1.

  • Whether driver has a right to communicate with counsel before taking a chemical test depends on the individual facts of each case. Person generally has right to counsel, but the request may not unreasonably delay the administration of the test. Sites v. State,481 A.2d 192(1984); Motor Vehicle Admin. v. Atterbeary, 796 A.2d 75 (2002).

Penalties

  • First offense (w/i last 5 years) misdemeanor - jail sentence of 2 months up to 1-year (possible fine in lieu of incarceration); fine of $500 up to a $1,000; license suspension period of up to 45 days; offender is required to successfully complete a drug/alcohol education program; up to 2-years in jail and a $2,000 fine for a DUI conviction if there is a minor in vehicle. State. Md. Code. Ann. Transp. § 27-101(k)(1)(i) (West 2010); Id. §§ 27-101(k)(2)-(3).

  • Second offense (w/i 5 years) misdemeanor - up to 2-years in jail (possible fine in lieu of jail); mandatory minimum of 48-hours; up to a $2,000 fine; license suspension up to 90 days; offender is required to successfully complete drug/alcohol education program; conviction with minor in vehicle up to 3-years in jail and a $3,000 fine. Id. § 27-101(k)(1)(ii); Id. §§ 27-101(k)(2)-(3).

  • Third offense (w/i 5 years) - up to 3-years in jail (possible fine in lieu jail); up to a $3,000 fine; license suspension of up to 18 months; offender is required to successfully complete drug/alcohol education program; if there was a minor in the vehicle at the time up to 4-years in jail, and up to a $4,000 fine. Id. § 27-101(k)(1)(iii); Id. §§ 27-101(k)(2)-(3).

Sobriety Checkpoints

In Maryland, sobriety checkpoints are upheld under state and federal Constitution.

  • No statutory or constitutional violations occur when the inhabitants of a vehicle are stopped at sobriety checkpoint. In view of State's compelling interest in controlling drunk driving and the fact that checkpoints were operated under thoughtfully crafted regulations which severely restricted discretion of officers in the field and took steps to assure that motorists would not be singled out without cause. Little v. State, 479 A.2d 903 (Md. 1984).

Case Law

Cook v. State, 490 A.2d 1311, (1985) -- Evidence from which jury could fairly conclude that defendant was incapable of driving safely due to influence of drugs is sufficient to convict for the purposes of DUI.

Brooks v. State, 395 A.2d 1224 (1979) -- In determining impairment, chemical evidence is probative, but unnecessary for conviction. Observation of defendant's behavior may be sufficient.

Jefferson v. State, 883 A.2d 251 (Md.App.,2005) – Maryland's Compassionate Use Act, which allows sentencing court to consider medical necessity evidence in mitigation of sentence, does not affect another criminal statute classifying marijuana as Schedule I controlled substance. 

Maryland Medical Marijuana

SUMMARY: Maryland's legislature passed a medical marijuana affirmative defense law in 2003. This law requires the court to consider a defendant's use of medical marijuana to be a mitigating factor in marijuana-related state prosecution. If the patient, post-arrest, successfully makes the case at trial that his or her use of marijuana is one of medical necessity, then the maximum penalty allowed by law would be a $100 fine.

MEDICAL MARIJUANA STATUTES: Maryland Darrell Putman Compassionate Use Act, Md. Code Ann., Crim. Law §5-601(c)(3)(II) (2003).

AMENDMENTS: Yes.

Senate Bill 308, signed into law on May 10, 2011, removes fines and criminal penalties for citizens who successfully raise an 'affirmative defense' in court establishing that they possessed limited amounts (one ounce or less) of marijuana for medical purposes. Citizens who cultivate cannabis or who possess larger amounts of marijuana may still raise an affirmative defense at trial and, if successful, will have their sentence mitigated.

Maryland Penalties


Incarceration


Fine

Possession

Any amount

misdemeanor

1 year

$1,000

Sale or Cultivation

Less than 50 lbs

felony

5 years

$15,000

50 lbs or more

felony

5 years MMS*

$100,000

Within 1,000 feet of school or on a school bus

felony

20 years

$20,000

Bringing 5 to 45 kg into state

felony

10 years

$10,000

Bringing 45 kg or more into state

felony

25 years

$50,000

*Mandatory minimum sentence.

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia possesion, use, sale, or advertising (first offense)

misdemeanor

none

$500

Paraphernalia possession or sale (second and subsequent offense)

misdemeanor or felony

2 years

$2,000

Any second or subsequent conviction can double first offense penalty.

 

Details

 

Possession or use of any amount of marijuana is punishable by up to one year in jail and a fine of up to $1,000.

Cultivation, delivery or sale of less than 50 pounds of marijuana is punishable by up to five years in prison and a fine of up to $15,000. For 50 pounds or more, the penalties increase to a five-year mandatory minimum sentence and a fine of up to $100,000. If the sale occurs within 1,000 feet of a school, while the school is in session, or on a school bus, the penalty is up to 20 years in prison and a fine of up to $20,000.

Bringing 5 - 45 kilograms of marijuana into the state is punishable by up to 10 years in prison and a fine of up to $10,000. Transporting 45 kilograms or more into the state is punishable by up to 25 years in prison and a fine of up to $50,000.

Possession, use or sale of paraphernalia is a criminal fine of $500 for the first offense. For a second or subsequent offense, the penalties increase to a term of up to two years in prison and a fine of up to $2,000.

For any second or subsequent conviction, the sentence may double from that for a first offense.



© DEMETER_MiMo2011-2019