With recreational cannabis soon becoming legal in Maryland, many people who want a new way to relax, relieve anxiety, or simply enjoy life in a different way are excited. The drug has already been legalized in other states, improving the economy and lowering the rate of arrests concerning cannabis possession.
But that isn’t going to stop law enforcement of thinking up fun new ways of busting you for drugs.
Maryland is preparing for the legalization by trying out new tests that are intended to assist officers determine whether a person is under the influence of a mind-altering substance. While this may all sound reasonable on the surface, we know that other tests used to detect substances within a driver have proven faulty many times in the past. Whether those are tests conducted by the officers themselves – visual inspection – or tests done through devices such as the breathalyzer, both have shown that they cannot be trusted to give an accurate result. With this new test arriving, as well as officers being trained to personally determine who appears inebriated, we are concerned that this will simply be another way to unjustly arrest and convict people.
What is the Cannabis-Impaired Driving Test Pilot Program?
A bill in the Maryland legislature aims to address the challenge of detecting marijuana impairment in drivers. With the legalization of recreational marijuana on the horizon, law enforcement agencies are concerned about an increase in impaired driving without a standardized test for marijuana intoxication. Unlike alcohol, there is currently no breathalyzer equivalent for marijuana due to its different effects on the body. Maryland State Senator Jeff Waldstreicher supports legalizing marijuana but also recognizes the need to prevent cannabis intoxication while driving. He introduced a bill to allow tech companies to collaborate with police departments in testing new ways to determine impairment.
One potential solution is a device developed by Cognivue, an FDA-approved mobile cognitive test. The device, resembling an iPad, is meant to assess problem-solving skills, perception, and other cognitive reactions to detect brain-related issues, such as Alzheimer’s. Cognivue and Waldstreicher believe this device could also be used to test the effects of marijuana and help determine a person’s ability to drive safely. The test would take approximately two minutes to complete, and since it involves only the driver interacting with the device, officials believe it to be less susceptible to biases that an officer might have. During the trial phase, the test results supposedly would not be admissible in court against the driver.
There are questions about whether drivers would voluntarily participate in the test when pulled over by law enforcement. However, Waldstreicher believes it is important to explore this technology and assess the results. The goal is to perfect this technology for the benefit of everyone, ensuring road safety while respecting the rights of individuals. While legislators and law enforcement have high hopes and lofty ideals, the reality of a law like this may be far less fair than they believe.
Weed will become legal on July 1st 2023, so until then, make sure you follow the cannabis laws already in place, including those on growing and possessing marijuana.
What are Drug Recognition Experts?
Another tool in the belt of law enforcement that will be used in conjunction with the Cognivue test are drug recognition experts. Drug Recognition Experts (DREs) are law enforcement officers specially trained to identify individuals impaired by drugs. While their role is intended to ensure road safety and enforce drug-related laws, there are concerns about the reliability and potential flaws associated with the DRE program.
One major criticism of DREs is the subjective nature of their assessments. The evaluation process heavily relies on the officer’s personal judgment and observations, which can be influenced by various factors, including biases and lack of scientific objectivity. Unlike alcohol impairment, which can be measured using standardized breathalyzer tests (including those on Ignition Interlock Devices), determining drug impairment is much more complex. DREs rely on a combination of physical examinations, field sobriety tests, and subjective interpretations to identify potential drug influence. However, the interpretation of physical signs and symptoms can vary from one officer to another, leading to inconsistent results and potential misidentification of drug impairment.
Another concern is the lack of scientific validation and standardized protocols for DRE assessments. The DRE program has not undergone extensive scientific scrutiny or rigorous validation studies. The reliability and accuracy of the methods used by DREs have been questioned by experts in the field. Additionally, there is a lack of uniformity in the training and certification process for DREs, which can result in inconsistencies and discrepancies among different jurisdictions. The absence of standardized protocols and scientific validation undermines the credibility and reliability of DRE assessments, potentially leading to wrongful arrests and convictions.
Moreover, the ability of DREs to accurately differentiate impairment caused by drugs from other factors such as medical conditions, fatigue, or stress is questionable. The signs and symptoms of drug influence can overlap with other non-drug-related factors, making it challenging for DREs to attribute impairment solely to drug use. This ambiguity introduces a significant risk of false positives and wrongful accusations.
How personal bias can still play a role in arrests despite the new test
While a device does not have biases, human beings do. A police officer is not supposed to pull someone over because of the color of their skin or due to an assumption made by the police officer without proof. If an officer decides to pull over a Black person simply because they are Black, and then detects the scent of cannabis on them, the officer may claim that he pulled the driver over due to erratic driving presumably caused by their use of marijuana. It is against your rights to be pulled over when no law has been detectably broken, but a police officer can claim that you did indeed break the law, and if drugs are in your system, it will only lend strength to their false case.
When it comes to the new device, there are still plenty of unanswered questions such as how accurate the test will prove to be, how it is calibrated, and will the results of said test truly remain out of the courtroom? We have intimate knowledge of the faulty nature of tests like the breathalyzer and of DREs, so we are wary about this new law that may be passed in the near future. That is why we represent those who have been arrested.
You have rights, and they deserve to be upheld. At Drew Cochran, Attorney At Law, I will fight for you and your inalienable rights. I will investigate all avenues that the officers took to pull you over, and what they did to determine that you were under the influence of cannabis. I will talk to witnesses, investigate any footage, and search out whether the devices and tests used were fair and correct. If you believe you have been wrongfully arrested, call me in Annapolis, or use our contact page, and we can schedule an appointment to discuss your options. My dedicated team and I proudly serve the people of Annapolis and Ellicott City.
And remember – Keep Calm, and Call Drew.
