Election 2022: Guide to Marijuana Legalization in Maryland
Everything you need to know about question 4
Question 4: What is at stake
The full measure on Question 4, which will appear on the November 8 Maryland state ballot, asks voters: “Support the legalization of the use of cannabis by any person who is at least 21 years of age on or after July 1, 2023.” old is? in the state of Maryland?”
In the spring of 2022, the Maryland state legislature passed House Bill 1, the primary purpose of which is to bring the issue of legalizing adult use to voters in the November 8 vote this fall. The legislature also passed a companion piece of legislation, House Bill 837, that provides a limited framework for an adult-use program should Maryland voters approve legalization. Outgoing Governor Larry Hogan (R) has signaled he will not obstruct a positive vote for legal cannabis.
Read the two-page House Bill 1 here: House Bill 1
Read the 55-page House Bill 837 here: HB 837
Is it legalization for medical or adult use?
Adult use (recreational). Marijuana would be legal for all adults over the age of 21.
What is the current law?
Medical marijuana is legal for medical patients in Maryland.
In 2013, then-Governor Martin O’Malley (D) signed into law legalizing medical marijuana. The first licensed pharmacies opened in 2017.
Also in 2013, the Maryland legislature voted to decriminalize the possession of up to 10 grams of cannabis. The charges continue to face a maximum fine of $100.
In 2016, the Maryland General Assembly overturned a veto by Gov. Hogan to decriminalize possession of cannabis paraphernalia and public consumption. The latter continues to face a fine of $500.
What the constitutional amendment would do
If Question 4 passes the ballot, adult possession of marijuana will become legal on July 1, 2023. In addition, a successful vote requires the legislature to implement a regulatory and licensing framework for the program through separate legislation.
House Bill 837 sets out some basic guidelines for the program: Adults could purchase and possess up to 1.5 ounces of cannabis. Possession of 1.5 ounces to 2.5 ounces would only be fined and not considered a criminal offense.
Adults could grow two cannabis plants at home.
The state would automatically delete the records of people convicted of crimes deemed legal under HB 837.
Individuals previously charged with intent to distribute may apply for erasure after serving three years of their sentence.
Related
Maryland will vote on legal cannabis in November
When It’s Over, When Can Adults Legally Possess Marijuana?
If voters approve the legalization change, it won’t go into effect immediately: Beginning January 1, 2023, possession of up to 2.5 ounces would be considered a civil offense. Full legalization would not begin until July 1, 2023… a full seven months after the vote.
When could I start growing my own?
Adults can start growing cannabis at home on July 1st, 2023.
will it happen That’s what the latest polls say
According to a Goucher College poll released in March 2022, 62% of Maryland voters support legalization.
Sponsors of the legalization initiative
Delegate Luke Clippinger (D) sponsored HB 837 at the Maryland House and accompanying bill HB1. Senator Brian Feldman (D) sponsored the Senate version of HB 837: Senate Bill 833. While not a sponsor of the bill, outgoing Governor Larry Hogan (R) has signaled he will not stand in the way of a positive vote.
HB 1 passed the Maryland House of Representatives 94 to 39 and the Maryland Senate 29 to 17.
HB 837 passed 89-41 in the Maryland House of Delegates and 30-15 in the Maryland Senate on final reading.
Opponents of the legalization initiative
Since the measure passed the House and Senate, no individuals or organizations have publicly announced strong opposition to it.
Would Cannabis Stores Be Licensed?
It can be assumed that shops require licenses. But none of the invoices give details of the licensing; that will come with later laws.
Any equity or small business licenses?
Yes. HB 837 mandates the establishment of a cannabis relief fund that uses funds from the state budget to provide grants, loans, and licensing assistance to small, women-owned, and minority-owned businesses.
How many weed stores will be allowed?
None of the invoices contain information on upper limits for trades. But subsequent legislation will likely spell out every possible language regarding license restrictions.
Could local cities or counties ban stores?
Neither invoice contains language regarding an opt-out measure for cities and counties.
Would medical marijuana patients be protected?
None of the bills provide explicit protection for medical patients.
Is Marijuana Taxed?
It’s a safe bet that subsequent legislation would tax marijuana. But neither HB1 nor HB 837 contain language around taxation.
Where Would the Marijuana Tax Revenue Go?
HB 837 makes requirements for only a portion of the revenue: 30% of sales tax revenue and royalties must be used to establish a Community Reinvestment and Repair Fund. The legislature decides on the distribution of the other 70% of the income in subsequent laws.
What about the cancellation process?
HB 837 would allow automatic deletion for those accused only of possession of cannabis. The bill requires the Maryland Department of Public Safety and Correctional Services to delete the records by July 2024.
Individuals previously charged with intent to distribute may apply for erasure after serving three years of their sentence.
Max Savage Levenson
Max Savage Levenson probably has the lowest cannabis tolerance of any author on the cannabis beat. He also writes about music for Pitchfork, Bandcamp and other bespectacled people. He is the co-host of the Hash podcast. His dream interview is Tyler the Creator.
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