In 2014, Maryland became the 21st state to legalize medical marijuana use, a number which has now risen to 36 U.S. states. In the last legislative session, though a bill was brought forward to further decriminalize recreational marijuana use, though it did fail to pass in this session. However, with 2/3 of the state’s residents in favor of decriminalizing recreational marijuana usage and expungement of marijuana-related offenses, how long will it be before recreational marijuana follows in the 2014 footsteps of medical marijuana?
Medical Weed in Maryland Dispensaries
Since the 2014 passing of legislation making medical marijuana legal, you can’t go very far in the state without coming across a Maryland dispensary. However, there are a range of factors that must be met to be able to receive medical weed legally in Maryland. A licensed physician must provide you with a written certification. Registration with the state program. Children who meet their doctor’s criteria for the program may join it.
Under the medical marijuana laws, a qualified patient can possess up to 120 grams, or about 4 ounces, of weed from a Maryland dispensary. It can be used in a range of forms, though not smoked, including vaporized, extracts, tinctures, lotions or ointments. Under Maryland law, medical weed can be used to treat Anorexia, Cachexia or Wasting Syndrome, Glaucoma, Post-Traumatic Stress Disorder (PTSD), Seizures, Severe or Chronic Pain, Severe Loss of Appetite, Severe Nausea, Severe or Persistent Muscle Spasms or any condition that is severe, for which other medical treatments have been ineffective
Decriminalization of Weed in Maryland
Following medical marijuana legalization, possession of up to 10 grams of marijuana was decriminalized, making it a civil offense that has no jail time and a maximum fine of up to $100. This change in the law, in addition to the availability of medical marijuana in the state, has led to a range of changes in police procedures, the most recent of which has come out earlier in 2021. Because people may now legally possess that amount of marijuana, the police procedure of reporting the smell of marijuana smoke as probable cause for further searches is no longer considered acceptable.
A recent appeals court case has helped to reduce potential legal issues around weed uses as well. After responding to a call about several males hanging out in an apartment complex, the responding Prince George County law enforcement officer smelled marijuana smoke and asked the group to sit down for questioning. During that time, he and another officer recovered a 9mm pistol from a juvenile. However, the case was appealed because it was felt that the officers had no right to search the males.
“Because an officer cannot tell by the smell of marijuana alone that a person is involved in criminal activity, we hold that the odor of marijuana, by itself, does not provide reasonable suspicion to conduct an investigatory stop,” Judge Kathryn Grill Graeff’s opinion mentions. This suggests that simply the smell of marijuana does not create probable cause for a search, extending the rights of those who may have used marijuana against illegal searches and seizures, a right protected under the Fourth Amendment of the U.S. Constitution.
The Recent Push for Recreational Weed
The most recent effort to legalize recreational weed has failed to pass, but that doesn’t mean that the effort won’t continue in the next legislative session. With wording to not only make legal the recreational use of marijuana but also to expunge the record of any person convicted of weed-related offenses, the most recent bill takes a solid approach to legalization across the board. The most recent bill, House Bill 32, would legalize the possession of up to four ounces of marijuana, while expunging offenses related to possession or cultivation of weed.
At the same time, the state Senate was also looking at a bill to legalize recreational marijuana. Senate Bill 708 legalizes the possession of small amounts of weed. It establishes a framework for a regulatory framework as well. “There’s no doubt that legalization of adult-use cannabis is a complex issue,” Senate President Bill Ferguson mentions. “We need to make certain that economic benefits are equitably distributed and criminal justice reform is incorporated.”
Though it will be at least another year before the Maryland legislature takes on the legality of recreational weed, many experts see an end in sight. David Jaros, a professor at University of Baltimore School of Law, recently mentioned “We are seeing the system sort of reset itself as it fully takes into account what it means to decriminalize weed.” With more Maryland citizens being in favor of legalizing weed use across the board than ever before, we could see legal recreational weed in Maryland dispensaries within the next few years.
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