Maryland Criminal Defense Lawyers
Maryland Criminal Defense Lawyers
A huge oversight (or was it deliberate?) from last year’s marijuana decriminalization law is about to be corrected.
Maryland state legislatures have passed Senate Bill 517 in both the House of Delegates, and now the Senate, which would make possession of marijuana paraphernalia (pipes, bongs, rolling papers, grinders, etc) no longer a crime, to match the decriminalization of the possession of under 10 grams of weed. [Read more…]
Maryland’s marijuana decriminalization law doesn’t take effect until Oct 1, but it would not have covered this incident where an estimated 650 pounds of marijuana was seized. (The new decriminalization law only applies to 10 grams, so this was about 30,000 times over the limit.)
The massive marijuana cultivation operation in Dorchester County was busted with 647 plans and a value of $650,000.
Police found what they said was an extremely sophisticated, high quality indoor and outdoor marijuana growing operation with a huge field outdoors and a precise controlled indoor setup.
The scale of this operation is all the more incredible in that none of the neighbors suspected that this quiet house and lot had such an extensive indoor and agricultural effort happening.
Attitudes towards marijuana use are changing rapidly across the nation. In Maryland, recent polling shows 53% of Marylanders support legalizing cannabis for adults, and only 28% oppose. Heather Mizeur ran a serious campaign for Governor of the state on an explicit legalization platform, and finished a solid 3rd in the Democratic primary, with over 20% of the vote.
Legalization of weed is just not a radical fringe issue anymore, and advocating for reform does not disqualify you from serious consideration for public office.
And legalization in Colorado has has virtually no negative impact on the state that anyone can find since retail stores opened on the first of this year. Last month, retail stores also opened in Washington state.
Alaska and Oregon are likely be added to the list of states that have legalized marijuana for recreational use, if ballot initiatives pass this November. Both are favored in polling. Looking forward to the 2016 election cycle, have a dozen or more additional states could join the club.
But other state legislatures could even jump the gun by legalizing with direct legislation. Rhode Island or Vermont are considered among the best bets.
Could Maryland be one of them? Democratic Gubernatorial candidate Anthony Brown is a strong supporter of decriminalization, but hasn’t really taking a position on legalization.
Given how quickly the ground is shifting, it could become a big issue in state legislative sessions as soon as next year.
But until then, the black market will continue to thrive. The demand is there, and there is money to be made. If the states don’t want a piece of the tax revenue, illegal operations will thrive, as they have for decades.
As far as the defendant’s in this case, they are still looking at felony drug charges, and up to 5 years in prison.
The report says that after being dried, and some samples tested for evidence purposes, the rest of the haul will be destroyed in an open-air burn. No word on the time or place of the burn for those hoping to stand downwind when it happens.
The DC City Council has enacted a decriminalization bill that gives citizens few consequences for being caught with marijuana. This is essentially as lenient as possible without going all the way to legalize recreational marijuana in the nation’s capital. The new law went into effect on July 16, and with the District previously arresting far more than their share of marijuana users, the change is a welcome one.
Under the new law, anyone caught in possession of less than one ounce of marijuana will face a $25 fine. That’s it. No jail time. No record. No arrest. [Read more…]
A DUI arrest and conviction when you had a child under 16 in the car now means you will be required to install an alcohol-detecting ignition interlock device in your car. Maryland lawmakers recently added this requirement to those previously existing.
Under current Maryland DUI law, an ignition interlock device is required for any second offense conviction or greater, or if the driver is under 21, or blows a high BAC of .15%, which is nearly twice the legal limit for intoxication. [Read more…]
As punitive marijuana laws fall across the country, states are taking different approaches to just how they will lighten the burden on the justice system and the people who choose to partake in pot.
In Maryland, the answer for now is decriminalization. [Read more…]
Update: Decriminalization passes! It officially goes into effect on 10/1/14
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There is real legislative momentum in Maryland for marijuana laws reform these days. While the state of Maryland may not legalize marijuana this year, they could join the District of Columbia in decriminalizing pot.
According to WBAL TV 11, the bill hoping to reduce penalties for possession of marijuana to only a civil fine has a good chance of being passed and becoming law, putting Maryland with other states who are reducing penalties and creating a system that could one day lead to all-out legalization.
Washington D.C. took a major bite out of the failed War on Drugs recently when the city council voted to make marijuana possession an infraction rather than a criminal act. In a city with among the highest arrest rates for marijuana possession, this is a game changing law for police procedures.
“It will have a profound impact on the people of the District of Columbia to decriminalize this marijuana,” said Councilman David Grosso. “I think that should be done expeditiously here in this body and, hopefully, with the support of our mayor.”
City policy makers passed the initiative 10-1, and it now heads to the Mayor’s office where Vincent Gray is expected to sign it into law.
Marijuana policies are changing throughout the nation. This latest effort in D.C. is particularly important as the city is the hub of federal lawmakers and policy makers, those who may have a say in ultimately reducing marijuana from its federal designation as a Schedule I substance.
“This is a big step forward for our nation’s capital, as well as our nation as a whole,” said Mason Tvert of the Marijuana Policy Project. “Clearly, marijuana prohibition’s days are numbered in the United States.”
In addition, the law change will have a significant impact on racially disparate arrest rates in the city.
Washington D.C. tops the nation in pot possession arrests, averaging around 5,000 each year. Of those, black people are eight times more likely to face arrest than whites—despite the fact that black and white people use marijuana at about the same rates.
“Black men shouldn’t have to fear being searched just for walking down the street,” said Bill Piper, of the Drug Policy Alliance. “And they shouldn’t face arrest or a heavy fine for doing something that affluent whites get away with every day.”
Under decriminalization, marijuana possession will no longer be punishable by jail time. Instead, possession of less than one ounce will be a civil violation and carry a fine of $25, which the Reuters points out is less than the average parking ticket.
Further, and perhaps just as exciting, the newly passed bill restricts officers from searching citizens solely on the basis of smelling marijuana. The scent of marijuana has been used to justify thousands of needless searches on D.C. streets and like NYC’s “stop and frisk” policy, has been doled out disparately among the city’s minorities.
It’s believed the new bill will take effect sometime early in summer 2014, providing the Mayor signs it and it passes the muster of a review process.
While decriminalization isn’t quite as dramatic as full legalization for recreational use, that effort is moving forward. Ballot language for legalization has been approved, and if the DC cannabis campaign can collect 25,ooo signatures from registered voters by July 7th, legalization will go before the voters in DC this November.
It’s long past time for Maryland to catch up, where residents in Baltimore and across the state face misdemeanor charges for marijuana possession.
Candidates in the Maryland gubernatorial race are talking a lot about pot. It’s a hot issue across the country, at the forefront of voters’ minds and on the watch-list of advocates nationwide. CBS Baltimore exclaimed the race “could lead to Md. Decriminalizing marijuana” in their headline, and many are hoping decriminalization is only the beginning. [Read more…]
Colorado and Washington have successfully done it—created legal marijuana systems where adults can purchase pot and tax revenue goes to the state. They’ve done it so well, their tourism industry is up as people flock from across the country to buy marijuana without fear of arrest.
Is Maryland ready for the same kind of system? A bill to legalize marijuana for all adults was introduced this week, but many say the state won’t end prohibition any time soon. [Read more…]
We frequently hear about how minorities are hit especially hard by the War on Drugs. Through unequal enforcement, and disparities at charging, trial, and sentencing, it seems non-whites are at an unfair advantage even before they encounter police. A new in-depth report from the ACLU of Maryland focuses specifically on the enforcement of marijuana laws, finding the state has a despicable track record marked with racial disparities. [Read more…]