Cannabis is legal for recreational use this Saturday in Maryland. There are other laws surrounding it however that also go into effect July 1st as well.
Starting Saturday law enforcement in Maryland can no longer solely use the suspected smell of cannabis as cause for the search of a vehicle. Courts in the state had been long divided on this issue before voters approved making cannabis legal in Maryland. Last year, Maryland’s Court of Appeals ruled officers could stop someone based on the scent of marijuana in the air, but had to end that stop if they could not quickly determine whether they possessed more than 10 grams of the drug — the definition of illegal possession at that time. Two years prior, the state high court – now named the Maryland Supreme Court after voters approved a referendum calling for the switch – ruled police could not arrest anyone simply for smelling of marijuana.
HB1071, which cleared the General Assembly this year, ends the confusion. The matter was a long held priority of the Legislative Black Caucus in Maryland. In January of this year, Baltimore state senator Jill Carter announced the bill would be brought back again after voters approved legalization in the 2022 election. “As marijuana will be legal, [our bill would] make it illegal activity for law enforcement officers to continue to use it as a pretext, the odor of marijuana which is an intangible thing, to use it as a pretext to stop and search anyone,” Carter told reporters in Annapolis.
The measure becomes law even though Governor Wes Moore didn’t sign it. He gave no statement as to why, as it was one of a handful he didn’t sign. Two he did sign were SB653/HB232, both of which go into effect Saturday. It removes the use of cannabis as one of the definitions of neglect that are used in Children In Need of Assistance (CINA) proceedings, which can determine custody and visitation rights. Courts initiate CINA when a child has been abused or neglected, and their parent, guardian or custodian is unable or unwilling to give the proper care or attention the child needs. Use of cannabis could have been used as a reason to rule against someone seeking custody or visitation.
