Maryland cannabis DUI laws, explained.

What does Maryland law say about driving after using cannabis?

Every impaired-driving charge in Maryland, whether the cause is alcohol, a prescription drug or cannabis, falls under Transportation Article § 21-902. Unlike alcohol's 0.08 BAC standard, Maryland sets no per se THC limit. Instead, the question is whether you were impaired to the point you couldn't drive safely. Prosecutors usually build that case from how you were driving, what the officer observed, field sobriety tests and chemical test results.

Legalization didn't change any of this. Recreational sales began on July 1, 2023; the impaired-driving law stayed the same.

DUI vs. DWI in Maryland

Maryland uses both terms, and they describe different charges:

• Driving while impaired by a drug (§ 21-902(c)) covers driving while so far impaired by any drug that you can't drive safely. Most cannabis cases are charged here.
• Driving while impaired by a controlled dangerous substance (§ 21-902(d)) is the more serious charge, and generally applies to a substance you aren't legally allowed to use.

Does a medical card protect you?

No. A Maryland medical card lets you buy and possess cannabis within your certified supply. It does nothing for an impaired-driving charge. The Maryland Cannabis Administration says it plainly: if you're impaired while driving, you can get a DUI even as a certified patient. Treat a medical card like a prescription for any other medicine that can impair you.

Using cannabis in a vehicle

Carrying cannabis within the possession limit is legal. Using it in a car is not:

• A driver can't smoke or consume cannabis in the passenger area of a vehicle.
• A passenger can't smoke cannabis in the passenger area.
• That applies whether the vehicle is moving, stopped or parked.

Keep purchases sealed in their original packaging, in the trunk or a locked glove compartment. Under Maryland law, the smell of cannabis alone isn't grounds for police to stop or search you — but visible product or signs of recent use can lead an officer to investigate further.

What are the penalties?

Penalties depend on which part of § 21-902 you're charged under and whether you have prior offenses. They can include:

• Fines and possible jail time, even for a first offense,
• Points on your license and a suspension or revocation from the Motor Vehicle Administration,
• A required drug or alcohol education program, and
• Tougher penalties for repeat offenses within five years, or if a minor was in the vehicle.

Causing serious injury or death while impaired is charged under separate, felony-level laws. Beyond court, a conviction can raise insurance rates and affect jobs that need a clean driving record. If you're charged, talk to a Maryland attorney before making decisions about your case.

Testing, implied consent and refusal

By driving in Maryland, you agree to a chemical test if you're lawfully detained on suspicion of impaired driving. Breath tests only measure alcohol, so cannabis cases rely on blood tests, observations and, often, a Drug Recognition Expert's evaluation. Refusing a test brings an automatic license suspension from the Motor Vehicle Administration, separate from any criminal case, and doesn't stop the state from prosecuting.

THC is stored in body fat and can stay detectable for days or longer in regular users. That cuts both ways: a positive test doesn't prove you were impaired, and a low reading doesn't clear you if your driving and the officer's observations show impairment.

How long should you wait to drive?

The Maryland Cannabis Administration points to research suggesting you wait at least six hours after using cannabis before driving. Edibles take longer to kick in and their effects can last up to 12 hours, so after an edible, plan not to drive for the rest of the day. If you've mixed cannabis with alcohol or other substances, wait longer still.

The simplest plan: if you're going to use cannabis, stay in, or arrange a sober driver or a ride before you start.

Legal notice. This guide is for general information, not legal advice. Maryland's cannabis laws can change at any time. Check current rules with the Maryland Cannabis Administration or ask a qualified attorney. Bloom Germantown only sells products from growers and processors licensed by the state of Maryland.