Bill > S2805

Introduced Session

This bill expands the implied consent law to include blood testing. In addition, the bill establishes a per se standard for driving under the influence of marijuana and certain controlled dangerous substances. Under current law, any person who operates a motor vehicle on a public road in this State is deemed to have given consent to a breath test for the purpose of determining the person's blood alcohol content. The provisions of the bill extend this implied consent law to include blood testing for the purpose of determining the content of any narcotic, hallucinogenic, or habit-producing drug in the person's blood. A person who refuses to consent to the blood test would be subject to the same penalties as a person who is convicted of refusing a breath test in relation to a drunk driving charge under current law. In addition, the bill establishes a per se standard for driving under the influence of marijuana and certain controlled dangerous substances. Under current law, a person is prohibited from operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug. This bill provides that a person is deemed to be under the influence of a narcotic, hallucinogenic, or habit-producing drug if his or her blood contains three nanograms or more of delta 9-tetrahydrocannabinol (THC) per milliliter of blood. In addition, under the bill, except for tetrahydrocannabinols, a person is deemed to be under the influence of a narcotic, hallucinogenic, or habit-producing drug if his or her blood contains any amount of a Schedule I controlled dangerous substance or one of its metabolites or analogs, or any amount of a Schedule II or III controlled dangerous substance or one of its metabolites or analogs, which has not been medically prescribed.

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Shirley Turner (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 02/22/2024)

Official Document