OCEAN CITY — One month into the new state law making simple possession of marijuana a civil offense similar to a traffic ticket, the Ocean City Police Department has not seen any real spike in the number of cases or any significant change in how the department is handling the cases.
The Maryland General Assembly earlier this year passed legislation that will make the possession of 10 grams or less of marijuana a civil offense with a citation that can be paid by an offender without the threat of court appearances, jail time, probation and a permanent mark on his or her record. The original bill allowed for a fine of $100 for a first offense, $200 for a second offense and $500 for a third offense. It has since been amended to just $50 for a first offense and $125 for a second offense.
The new law went into effect on Oct. 1 with more questions than answers on how it will be enforced and the possible eventual repercussions on the court system. Just one month in, the OCPD hasn’t reported any significant changes in how it handles simple marijuana possession cases, but it’s important to note the sample size is fairly small because of the time of the year in the resort area.
Through the first month, the OCPD issued 17 citations for simple marijuana possession. Naturally, that number will spike significantly when the spring and summer season roll around again next year.
“The consensus I got when I asked a couple of Command Staff members if we’ve seen any challenges was no, but let’s wait and see what happens this summer,” said OCPD spokesperson Lindsay Richard. “The number of calls for service involving marijuana has not changed and level of enforcement certainly hasn’t changed, just the way that our officers handle the situation.”
Richard said the true test of the new law will likely come when the population spikes again in the resort next season.
“It will be interesting to see how the change in the law plays out this summer on our crowded Boardwalk or outside some of the popular bars in town,” she said. “That’s when I think we will really start to see the effects.”
Under the new law, the civil citation for simple possession does not go onto an offender’s criminal record, which will likely create challenges for officers and prosecutors. Prior offenses are often the barometer for penalties, but because there will be no record, it could be tough to discern who the repeat offenders are.
What all agree on, however, is the law change will lighten caseloads for local court systems and decriminalize the lowest level of possession cases.