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