A cloud of marijuana smoke is moving across the country, changing laws and the views of many people on the vilified plant. Maryland lawmakers are the latest of many to pass legislation changing how their state deals with marijuana, potentially making their state next-up for a tightly regulated and controlled medical marijuana program. [Read more…]
Maryland Medical Marijuana Gains Momentum
One of two committees considering medical marijuana legislation in Maryland has voted to send the bill to legislators. The bill already has the “conditional backing” of the governor and is gaining popularity among delegates, according to WBALTV.com. [Read more…]
New Maryland Marijuana Possession Law
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| Marijuana Small Amount (Photo credit: Wikipedia) |
As of the first of this month, a new marijuana possession law took effect in the state of Maryland. The law changed penalties for those caught with small amounts of pot. Officials are hoping the change will free up the courts and streamline misdemeanor possession cases.
Prior laws required up to one year in jail and a $1,000 fine for marijuana possession involving less than 10 grams. Now, however, the maximum penalty you will face for this charge is 90 days in jail and $500 in fines.
In May, when Governor Martin O’Malley signed the bill into law, the Washington Times stated the law would also require those cases to be decided by a judge rather than a jury. This would further simplify the process and speed cases along.
“It’s much simpler, it’s much cleaner and we can get people into treatment faster,” said the bill’s sponsor Sen. Jamin B. Raskin. “We should be trying to get people into drug treatment rather than having their cases drag on for a year or two.”
The problem with the way things were, aside from the fact that the state was threatening a far too lengthy sentence for a little bit of pot, was that the imposed sentences rarely lived up to the threat, though the cases would spend months and even sometimes years in progress, clogging the courts with relatively minor cases.
Many states are going the way of more lenient pot possession laws, or all-out decriminalization. Colorado, Washington, and Oregon will all vote in coming weeks to make recreational marijuana legal altogether. But here in Maryland, a little bit of progress is progress nonetheless.
“Anything that we can do to bring more reason and balance into our drug laws will reduce costs in the criminal justice system and prisons and will benefits everybody,” said Sen. Raskin.
It’s all about priorities. When you lessen the amount of time and resources it takes to process a relatively minor pot possession case, it frees up the resources to handle more serious cases. Spending inordinate amounts of money to prosecute people caught with enough marijuana to fill a few joints is hardly worth it.
The bill passed the Senate 41-5 and the House 92-31.
If you are caught with marijuana, or any other drug, you still need an advocate on your side. Criminal convictions stay on your record and can tarnish your image and hinder your ability to find work or even a place to live. If you are charged with a drug offense in the state of Maryland, contact us to discuss your options.
Marijuana Possession Case Leads to Humorous Appeals Court Opinion
A Baltimore man who was sentenced to 60 days in jail on a marijuana possession charge lost his appeal in the Maryland Court of Appeals. A Baltimore Sun crime blog entry exposes the humorous wording of the official opinion of the court, who mentioned the appellate as acting “groovy” and even cited the classic marijuana comedies of Cheech & Chong.
The man’s conviction was upheld as the court determined his proximity and “groovy” attitude was enough to establish possession of the marijuana blunt burning in the ashtray upon police entry into the home. Apparently he maintained his laid-back attitude when the cops busted in.
In the footnotes of the opinion, the court took the time to explain exactly who Cheech & Chong were so as not to lose anyone in the reference to them. A brief career summary was provided for the duo looking more like a bio found on IMDB than a state appeals court opinion.The court also provided a paragraph definition of “blunt”, again to ensure anyone reading the opinion would be able to follow along. The footnotes read, “A police witness testified that to create a blunt the smoker obtains a legitimate cigar, removes the tobacco, and substitutes marijuana for the tobacco. The smoker then rolls the wrapper and the marijuana back into the shape of a cigar and lights up.”
Court opinions rarely offer insight into pop culture and even more rarely hint on the verge of humor. While the appellate who lost his case likely isn’t laughing, those in the legal community can see humor in this unusually written opinion.
Laughter aside, however, it’s a good example of the legal definition of “possession”. You don’t have to have a marijuana cigarette in your hands, your pockets, or even touching you to be found in possession. Your proximity, which allows you to reach out and control the item, is often enough to charge you.
Whether you’re talking about pot, another drug, or even a weapon, possession doesn’t always mean physical possession. “Constructive possession” is a legal term used to describe exactly this situation. It refers to you having knowledge of the drug’s presence and the ability to maintain control over it.
So, while the drugs may not have been in your hands, you can still be charged and potentially convicted of possession.