Drug Recognition Experts With County Police Help Avoid False-Positives for Marijuana Impairment

County law enforcement officials take steps to keep the roadways safe following legalization of adult use marijuana, with 18 out of 24 jurisdictions now having at least one drug recognition expert (DRE) on staff. With better training and clear standards agencies are ensuring safety while avoiding over-enforcement.

While it was widely anticipated, traffic fatalities and impaired driving citations have not significantly changed in Maryland due to increased cannabis use following recreational legalization. According to a recent Baltimore Sun article, despite an increase in reported use before driving, law enforcement has not seen a significant change. From the article:

The number of drivers charged with driving under the influence of cannabis has not significantly changed since before legalization, said First Sgt. Wayne Koch, who heads the Maryland State Police Chemical Test for Alcohol Unit.

The increase in officer training and awareness has been widely praised as helping officers avoid false positives. At one event that was organized in partnership with multiple non-profit advocacy groups collaborating with the police, six experts were on hand to train officers as they practiced field assessments with a test group. During the training, where members of multiple county police forces were present, cannabis users volunteered to get high and go through an impairment assessment. Officers shared that while the format of these sessions was for officers to see and understand the behavior of someone who is intoxicated, it was equally as useful for assessing when someone has used marijuana but is not impaired.

With now 59 DRE instructors across the state of Maryland, local law enforcement has even more opportunities to make sure officers have access to the certifications on a regular basis. Available classes provided by Maryland State Police accept applications on a rolling basis.

Previously, estimates of anticipated increase in fatalities and potential citations were based on a 2022 report from the Maryland Department of Legislative Services citing research from the opening of Colorado’s recreational market. According to a 2025 bi-annual report published by the Maryland Cannabis Administration (MCA) similar trends have not been observed despite an increase in reported use before driving. From the report:

In 2022, prior to adult-use legalization, about 18 percent reported DUIC in the past month. In 2023, three months after adult-use legalization, the rate of DUIC doubled to 39 percent. It fell slightly in 2024, more than a year after adult-use legalization, to 34 percent.

While the increase is significant, the data appears to be primarily from self-reporting by medical marijuana users. It is unclear in the report whether patterns of use have changed or if the disclosure of use has increased due to legalization. This along with the increases in awareness and training for officers could be contributing to Maryland citations remaining steady in the wake of recreational use implementation. The report did conclude though, that a full phasing in of the legislation along with the new data will help paint an even stronger picture of the climate in Maryland since passage.

Read the MCA report.