Medical Use of Marijuana and Marijuana DUI Cases in Maryland
The medical use of marijuana and marijuana DUI cases in Maryland are related, but the decriminalization of marijuana does not affect the potential charge of a marijuana DUI. The Maryland courts believe it is possible to ascertain an amount of marijuana without investigating it. A police officer can search the vehicle. If they find recently smoked marijuana in the car or there is an odor of burnt marijuana, the police officer can investigate the fact that a person may have been inhaling that while drinking.
Decriminalization of marijuana has not had much of an impact. In fact, after several cases were heard and argued before the Court of Special Appeals and Court of Appeals, it probably enhanced the officers’ ability to know that they are capable of searching the vehicle when small amounts were decriminalized. Talk to an experienced Maryland DUI drug lawyer for more information.
Legislation of Marijuana
With regard to the legislation of marijuana and the impact on the potential to be charged, there is no change. A person can still be charged. In fact, law enforcement understands that people are more willing to risk the fact that having a small amount on them is okay to travel with which opens them up to questioning of being under the influence. Now law enforcement looks for marijuana more diligently.
Medical Use of Marijuana Impact on DUI Charge
Even if a person can legally smoke marijuana and have marijuana on them due to a medical license, it still does not relieve the burden of driving under the influence. A person cannot drive under the influence of marijuana.
The problem with marijuana is that it generally stays in a person’s body for 30 days. If a person did not smoke that day but smoked yesterday, they should still be able to drive a car. But the tests for marijuana will come back positive. The question is at what level is someone under the influence? How much is in their system? How is it measured? What quantity is required to be considered under the influence or impaired? When someone uses marijuana daily, how does law enforcement differentiate what is under the influence or impaired and what is just generally used?
Treating Medical Conditions with Cannabis
Recent studies suggest that the use of cannabis through CBD oils, inhalation, edibles, or vaping has enormous benefits for people dealing with medical issues. More common, people are fighting cancer and other ailments where they receive chemotherapy, immunotherapies, and other things that are known to adversely affect the body and suppress people’s appetites.
The daily function for people who have epilepsy can be improved according to some of the initial studies. People rely on cannabis as their ability to eat, sleep, and maintain a homeostasis in their body while other chemicals are being used. That is why the medical use of marijuana and marijuana DUI cases in Maryland can be tricky.
Out-of-State Individuals
A person from out-of-state who is licensed to have marijuana in their home state and travels through Maryland can have issues. It can be a mitigating factor when the person is not under the influence in the state of Maryland and is not medically licensed in Maryland. The issue is possession. But if a person is medically licensed, the possession issue is relieved and the lawyer focuses on what, if any, impact it has on the person being impaired or under the influence.
The approach of a state’s attorney is to understand the situation. There may be a substantial, long-time use even though it is controlled to a small dosage given throughout the day. It may not be a definitive defense without an expert to testify, but it is something that needs to be considered. Consult with a lawyer for more on the medical use of marijuana and marijuana DUI cases in Maryland.