Maryland 2023 Regular Session

Maryland Senate Bill SB676 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0676
6	6
7	7	SENATE BILL 676
8	8	R3 3lr2557
9	9
10	10	By: Senator Waldstreicher
11	11	Introduced and read first time: February 6, 2023
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Drugged Driving – Cannabis–Impaired Driving Test Pilot Program 2
19	19	– Establishment 3
20	20
21	21	FOR the purpose of establishing a pilot program to examine the effectiveness of 4
22	22	cannabis–impaired driving tests in enforcing the prohibition against driving while 5
23	23	impaired by drugs; authorizing police officers in participating jurisdictions to 6
24	24	administer voluntary cannabis–impaired driving tests under certain circumstances; 7
25	25	providing that the results of cannabis–impaired driving tests may not be used for 8
26	26	certain purposes; and generally relating to a pilot program to examine the 9
27	27	effectiveness of cannabis–impaired driving tests. 10
28	28
29	29	BY adding to 11
30	30	Article – Transportation 12
31	31	Section 16–205.3 13
32	32	Annotated Code of Maryland 14
33	33	(2020 Replacement Volume and 2022 Supplement) 15
34	34
35	35	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
36	36	That the Laws of Maryland read as follows: 17
37	37
38	38	Article – Transportation 18
39	39
40	40	16–205.3. 19
41	41
42	42	(A) (1) IN THIS SECTION, “CANNABIS–IMPAIRED DRIVING TES T” MEANS A 20
43	43	DEVICE THAT IS CAPABLE OF ASSESS ING COGNITIVE AND PHYSICAL IMPAIRM ENT OF 21
44	44	MOTORISTS. 22
45	45
46	46	(2) “CANNABIS–IMPAIRED DRIVING TES T” DOES NOT INCLUDE A 23
47	47	BREATH OR BLOOD TEST, AS DEFINED IN § 16–205.1 OF THIS SUBTITLE. 24 2 SENATE BILL 676
48	48
49	49
50	50
51	51	(B) THERE IS A PILOT PROG RAM TO EXAMINE THE E FFECTIVENESS OF 1
52	52	CANNABIS–IMPAIRED DRIVING TES TS IN ENFORCING THE PROHIBITION AGAINST 2
53	53	DRIVING WHILE IMPAIRED BY DRUGS. 3
54	54
55	55	(C) (1) THE PILOT PROGRAM SHA LL TAKE PLACE IN LOC AL 4
56	56	JURISDICTIONS THAT V OLUNTEER TO PARTICIP ATE. 5
57	57
58	58	(2) THE STATE COORDINATOR FOR THE DRUG RECOGNITION 6
59	59	EXPERT PROGRAM SHALL ENSURE THAT POLICE OFFICERS IN JURISDICTIONS THA T 7
60	60	PARTICIPATE IN THE PILOT PROGRAM RECEIVE TRAI NING ON THE USE OF 8
61	61	CANNABIS–IMPAIRED DRIVING TES TS. 9
62	62
63	63	(D) (1) A POLICE OFFICER IN A PARTICIPATING JURISD ICTION WHO HAS 10
64	64	REASONABLE GROUNDS TO BELIEVE THAT AN I NDIVIDUAL IS OR HAS BEEN DRIVING 11
65	65	OR ATTEMPTING TO DRI VE A MOTOR VEHICLE W HILE THE INDIVIDUAL IS IMPAIRED 12
66	66	BY CANNABIS MAY REQUEST THAT THE INDIVIDUAL COMPLETE A 13
67	67	CANNABIS–IMPAIRED DRIVING TES T. 14
68	68
69	69	(2) A POLICE OFFICER WHO T ESTS AN INDIVIDUAL USING A 15
70	70	CANNABIS–IMPAIRED DRIVING TES T MUST BE CERTIFIED AS A DR UG RECOGNITION 16
71	71	EXPERT. 17
72	72
73	73	(E) THE POLICE OFFICER RE QUESTING THE TEST SHALL ADVISE THE 18
74	74	INDIVIDUAL TO BE TES TED THAT NEITHER COMPLETING THE TEST NOR REFUSING 19
75	75	TO COMPLETE THE TEST SHALL PREVENT OR REQ UIRE A SUBSEQUENT BL OOD TEST 20
76	76	UNDER § 16–205.1 OF THIS SUBTITLE. 21
77	77
78	78	(F) (1) THE RESULTS OF CANNAB IS–IMPAIRED DRIVING TES TS MAY NOT 22
79	79	BE USED AS: 23
80	80
81	81	(I) A GUIDE FOR THE POLICE OFFICER IN DECIDING WHETHER 24
82	82	TO INVESTIGATE FURTH ER OR FILE CHAR GES; OR 25
83	83
84	84	(II) EVIDENCE IN ANY CIVIL OR CRIMINAL COURT ACTION . 26
85	85
86	86	(2) COMPLETING OR REFUSING TO COMPLETE A TEST IS NOT 27
87	87	ADMISSIBLE IN EVIDEN CE IN ANY CIVIL OR CRIMINAL COURT ACTION . 28
88	88
89	89	(G) REFUSAL TO COMPLETE A CANNABIS–IMPAIRED DRIVING TES T DOES 29
90	90	NOT CONSTITUTE A VIOLATI ON OF § 16–205.1 OF THIS SUBTITLE AND COMPLETING 30
91	91	A TEST DOES NOT RELIEVE THE INDIVIDUAL OF THE OB LIGATION TO TAKE THE TEST 31
92	92	REQUIRED UNDER § 16–205.1 OF THIS SUBTITLE IF REQUESTED TO DO SO B Y THE 32 SENATE BILL 676 3
93	93
94	94
95	95	POLICE OFFICER . 1
96	96
97	97	(H) THE STATE COORDINAT OR FOR THE DRUG RECOGNITION EXPERT 2
98	98	PROGRAM SHALL ENSURE THAT EACH LOCAL JURI SDICTION THAT PARTIC IPATES IN 3
99	99	THE PILOT PROGRAM MAKES PUBLICLY AVAILABLE ANONYMIZED DATA ON T HE 4
100	100	RESULTS OF CANNABIS –IMPAIRED DRIVING TES TS. 5
101	101
102	102	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 6
103	103	2025, the State Coordinator for the Drug Recognition Expert Program shall submit, in 7
104	104	accordance with § 2–1257 of the State Government Article, a report to the General 8
105	105	Assembly for the period from October 1, 2023, through September 30, 2025, stating: 9
106	106
107	107	(1) the local jurisdictions that participated in the pilot program; 10
108	108
109	109	(2) the number of traffic stops that later resulted in a police officer 11
110	110	requesting an individual to take a cannabis–impaired driving test and the number of tests 12
111	111	performed; 13
112	112
113	113	(3) the types of cannabis–impaired driving tests used; 14
114	114
115	115	(4) the number of individuals who were subsequently charged with an 15
116	116	offense of driving while impaired by drugs after taking a cannabis–impaired driving test 16
117	117	and the final disposition of such charges; 17
118	118
119	119	(5) the results of any other studies on cannabis–impaired driving tests of 18
120	120	which the State Coordinator is aware; and 19
121	121
122	122	(6) recommendations for further legislation to enhance enforcement of the 20
123	123	prohibition on driving while impaired by drugs. 21
124	124
125	125	SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General 22
126	126	Assembly that, subject to the availability of funds, the pilot program established in Section 23
127	127	1 of this Act be funded by revenues generated from the taxation of recreational cannabis. 24
128	128
129	129	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
130	130	October 1, 2023. It shall remain effective for a period of 3 years and, at the end of September 26
131	131	30, 2026, this Act, with no further action required by the General Assembly, shall be 27
132	132	abrogated and of no further force and effect. 28