MARYLAND S MARIJUANA LAWS

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1 MARYLAND S MARIJUANA LAWS

2 Maryland drug possession laws saw drastic change in April 2014 when Governor Martin O Malley signed legislation that decriminalized the possession of small amounts of marijuana for personal use and provides several benefits for citizens who are caught with 10 grams or less of the substance. This includes no jail time and no public record of the offense. Additionally, the fines associated with possession are greatly reduced since it is no longer considered a criminal offense. While these laws address many of the common issues related to marijuana possession in Maryland, there are still some inconsistencies and unanswered questions that are causing concerns for police officers and citizens alike.

3 The new marijuana possession laws remove the threat of criminal prosecution and hefty fines for those found with less than 10 grams of marijuana. According to the new laws, offenders will now receive fines for possession that are similar to those given for traffic violations. First and second time offenders will have the option of paying the fine or requesting a court date. First time offenders will receive a fine of $100. Second time offenders will receive a fine of $250.

4 Third time offenders will receive a fine of $500 and be required to appear in court and to undergo a drug assessment. Those under 21 will always be required to appear before a judge and undergo a drug assessment, as well as pay the appropriate fine. While possession will not result in publicly available records, those who fail to appear before a judge and undergo a drug assessment after their third offense, will receive a misdemeanor offense on their record.

5 There is one very big issue that the Maryland Attorney Generals are still trying to address. While possession of small amounts of marijuana is no longer a criminal offense, possession of drug paraphernalia is. According to the current bill, citizens who are caught with pipes, bongs, rolling papers, or other devices that are used to consume the drug can be arrested and charged with a criminal offense even though small amounts of the drug itself is no longer criminalized. The decriminalization of marijuana does not mean that marijuana is now legal. Those found with more than 10 grams will still be prosecuted. Additionally, law enforcement can still arrest you if they find potsmoking devices in your possession, even if there is no residue or actual marijuana found. If you think this is confusing, you are not alone.

6 The reason that paraphernalia laws were left intact was to provide law enforcement with the means of probable cause needed for suspicion of drug possession. The goal of passing this law is to lessen the impact on individuals and the state for those found with small amounts of marijuana, yet still provide protection against major dealers and illegal distributors within Maryland communities. The new laws are designed to allow the thousands of recreational users of marijuana in Maryland to avoid criminal charges when possessing small amounts of the drug. The paraphernalia issue, however, can lead to confusion and problems depending on how the various law enforcement agencies decide to proceed under the new laws. As it stands now, officers will use their own discretion to decide whether to arrest or cite a person found with drug paraphernalia, and each agency can determine their own processes for this.

7 Another significant change provided by the new law affects those who use medical marijuana. According to the bill, Maryland will license 15 medical marijuana growers during the first year of implementation, as well as providing licenses for dispensers and distributors. Individuals who have been approved for medical marijuana use will also receive licenses that are similar to those that govern driving, fishing, or hunting.

8 While marijuana legalization is still not guaranteed, these new laws certainly provide insight into the possibility of this happening in the future. At this time, Maryland is now one of 16 states that have decriminalized the possession of marijuana. Supporters are hoping that this is a huge step in the process that will allow Maryland to join Colorado and Washington as a state legalizing adult marijuana use in the future.

9 The attorneys at Planta & Satin, LLC, a Family Law & Criminal Defense Law firm located in Rockville, MD, have years of experience dealing with various drug offenses and possible charges, and deliver the highest quality representation for each client. Drug charges are serious, whether you ve been charged with possession, the intent to distribute, or another of the myriad possibilities in this area of law. If you re looking for an attorney to represent you in a drug related case, call today at to discuss your case and the best way to proceed. Contact Us Planta & Satin, LLC 51 Monroe Street, Suite 707 Rockville, MD Ph: (301) Fax: (301)