The Maryland legislature passes a law banning the smell of weed as a likely reason for searches

The Maryland House of Delegates passed legislation on April 10 prohibiting police from using the smell of cannabis as a basis for searching a person or a car. The measure, House Bill 1071, also lowers the civil fine for using cannabis in public to $50.

The bill passed the Maryland House by a vote of 101 to 36 in Monday night’s session closing record, after passing it with amendments by the Senate earlier in the day. The legislation now goes to the desk of Democratic Gov. Wes Moore for consideration.

Bill bans searches based on the smell of weed

Under House Bill 1071, law enforcement officials would be prohibited from using the smell of raw or burned cannabis as a likely reason to search a person or vehicle. Proponents of the law claim the bill is necessary to fulfill the intent of Question 4, a ballot referendum to legalize recreational marijuana that passed by nearly two-thirds of the vote in last year’s midterm elections. House Bill 1071 also prohibits searches for possession of a legal amount of marijuana or the presence of cash near cannabis without additional evidence of intent to distribute marijuana.

Question 4, effective July 1, legalizes possession of up to 12 grams of cannabis for personal use. Possession of 12 to 20 grams is a civil offense punishable by a fine of up to $250. Possession of cannabis in quantities greater than 20 grams is an offense punishable by up to six months in prison and a fine of up to $1,000.

Because possession of cannabis in quantities greater than 12 grams will still be illegal, pro-legalization advocates say House Bill 1071 is necessary to protect the rights of legal cannabis users. The legislation follows a court decision by the Maryland Supreme Court last year that upheld police powers to briefly arrest and search people for the smell of cannabis, despite the state’s legalization of medical marijuana. Michele Hall, Maryland’s assistant public defender, who argued unsuccessfully in the Supreme Court case, told the House Judiciary Committee last month that police will continue to conduct searches based solely on the smell of cannabis smelled.

“Legalization alone has not solved this problem,” Hall told the House Judiciary Committee last month, according to a report by the Maryland Daily Record.

“As long as the smell aids Fourth Amendment penetration, Marylanders legally engaged in the cannabis market are at risk,” Hall added. “The mere suspicion of cannabis smell is nothing more than a blank check for the police to invade a person’s right to privacy in hopes of finding something criminal, and the Fourth Amendment requires more.”

The legislation, which prohibits police from using the smell of marijuana as a probable ground for a search, is also backed by the Maryland chapter of the American Civil Liberties Union.

“Marijuana odor stops and searches not only pose a serious risk to Fourth Amendment rights for people, they also allow for racial profiling and dangerous and unnecessary police interactions,” said Yanet Amanuel, the chapter’s director of public policy , in March before the Judiciary Committee.

“That’s why it’s critically important that lawmakers take action and ensure that the law and police practice are consistent with the reason you all said you support marijuana legalization, and most importantly, that the law supports the.” reflecting the will of the people,” Amanuel added. “Marylanders should not fear police interactions over a lingering odor of a now legal substance.”

Meg Nash, a partner at cannabis and psychedelics law firm Vicente LLP, said legislation like House Bill 1071 is needed to ensure cannabis legalization is equally enforced.

“It is encouraging to see that Maryland is addressing the harmful effects of the drug war, not only by legalizing adult use, but also by reviewing sections of its penal code,” Nash wrote in an email to the High Times on Wednesday. “These types of laws are necessary to protect the rights of individuals in states like Maryland that have legalized cannabis for adult use and demonstrate the state’s commitment to addressing harm to communities disproportionately affected by Prohibition.” .”

House Bill 1071 also reduced the fine for public consumption of cannabis from $250 to $50. After receiving the final passage in the final minutes of the current legislative session Monday night, the bill was sent to the governor’s desk for consideration.