MARYLANDS

MARIJUANA
LAWS





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




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 fi-
ne or requesting a court date.
First time offenders will receive a fine of $100.
Second time offenders will receive a fine of $250.


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 availa-
ble 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.


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 cur-
rent 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 crimi-
nalized.
The decriminalization of
marijuana does not mean
that marijuana is now le-
gal. Those found with more
than 10 grams will still be
prosecuted. Additionally,
law enforcement can still
arrest you if they find pot-
smoking devices in your
possession, even if there is
no residue or actual mari-
juana found. If you think
this is confusing, you are
not alone.


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 pass-
ing 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 recre-
ational 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 para-
phernalia, and each agency can determine their own pro-
cesses for this.

Another signifi-
cant change
provided by the
new law affects
those who use
medical mariju-
ana. According
to the bill, Mary-
land will license
15 medical ma-
rijuana growers
during the first
year of imple-
mentation, as well as providing licenses for dispensers and
distributors. Individuals who have been approved for medi-
cal marijuana use will also receive licenses that are similar
to those that govern driving, fishing, or hunting.




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.










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 represen-
tation for each client.
Drug charges are serious, whether youve been charged
with possession, the intent to distribute, or another of the
myriad possibilities in this area of law. If youre looking for
an attorney to represent you in a drug related case, call
today at 301-762-1000 to discuss your case and the best
way to proceed.



Contact Us
Planta & Satin, LLC
51 Monroe Street, Suite 707
Rockville, MD 20850
Ph: (301) 762-1000
Fax: (301) 610-0021