Shawn J. Soper
News Editor
OCEAN CITY — The new state law decriminalizing simple marijuana possession takes effect today, essentially making possession of 10 grams or less akin to a traffic citation, but the jury is still out on the possible repercussions on the street level.
The Maryland General Assembly’s approved legislation makes 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 today, Oct. 1, and already there are more questions than answers on how it will be enforced and the repercussions on the court system.
Proponents of the law change suggest the time has come to take the next step in an eventual legalization of marijuana in Maryland, following the lead of other progressive states. Opponents, however, believe the law is short-sighted and passed without regard for the potential repercussions on the street level. In any case, the law takes effect next Wednesday and already local police departments, prosecutors and defense attorneys are trying to figure out the best way to handle it.
In a resort town like Ocean City, there are hundreds of arrests each year for simple possession of marijuana and most offenders were required to appear in court, typically resulting in fines and probation. The cases jam up court dockets and many seasonal officers are required to return to Ocean City just to appear for simple possession cases that are quickly resolved with probation and fines or are dismissed outright. In that sense, the change is a good one for a lot of reasons, but there is still a lot of confusion on the enforcement and prosecution side. Ocean City Police Department spokesperson Lindsay O’Neal said last week, despite the law change this week, those found in possession in the days leading up to the law change would be handled the same old way.
“Prior to Oct. 1, our officers will arrest individuals for possession of marijuana despite the amount they have, but on Oct. 1, anyone that has less than 10 grams will only be issued a citation,” she said. “Officers will be trained about factors to consider when estimating the weight of quantities of marijuana.”
That raises an interesting question. Starting today, a person found with nine grams of marijuana will be issued a payable citation akin to a traffic ticket, but those found with 11 grams will face criminal prosecution. The question remains how would officers in Ocean City and across Maryland make the distinction as far as weight. It will require additional training, and likely a dose a common sense, and OCPD officers have been trained on the new law.
There are other vagaries in the law that merit questions. For example, simple possession of 10 grams or less of marijuana will merit a civil citation, but possession of paraphernalia is still a criminal offense. Essentially, an offender could get a ticket for possessing weed, but face court appearances, jail time, probation and fines for also having the bowl to smoke it in.
Attorney Brian Clark, who handles dozens of marijuana possession cases in Ocean City and around the state, has already recognized the nuances.
“It will be interesting to see how various police departments throughout the state will try to enforce the new law and the existing paraphernalia law associated with it,” he said. “I suspect it will be different depending on the philosophy of each town. The Town of Ocean City has different needs in dealing with a sometimes rowdy young population here in June than do other small towns.”
Possession of marijuana in Maryland is still illegal, regardless of the amount found on a person. If officers believe, and can prove 10 grams or less goes beyond simple possession and find an offender is going beyond just personal use, they will investigate and continue to pursue higher charges. In any case, the weed will be confiscated.
“A person can still be charged or arrested for possession with intent to distribute CDS if there is evidence that supports it, even if the total amount is less than 10 grams,” said O’Neal. “Also, no matter how much marijuana the person has in their possession, our officers will still seize it. It is still a banned substance and considered contraband.”
What will likely be challenging for officers, however, is going beyond the simple possession of marijuana to determine other possible criminal activity. In many cases under the current law, the discovery of a joint on a person or in a car ashtray leads to a larger search of an individual or vehicle, often turning up evidence of larger crimes. However, officers could have their hands tied somewhat when enforcing the new law.
“Because the infraction is civil, our officers will not be able to search a person for additional contraband as they normally would,” said O’Neal. “Fourth Amendment searches may become an issue throughout the state as this new legislation rolls out because it seems to be very murky on what an officer can and can’t do.”
Under the new law that goes into effect today, 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.
“There are still a lot of questions on how it will change our enforcement once it’s in effect,” she said. “For example, the number of prior offenses an individual has determines the penalty, but it will be difficult to determine prior offenses since it is now a civil citation and not recorded as criminal history.”
What all agree on, however, is the law change will lighten caseloads for local court systems and decriminalize the lowest level of possession cases. Clark said the law change should lighten court dockets in Ocean City alone, where hundreds of simple possession cases are prosecuted each year.
“I think the new pot law will dramatically lessen the case load for the court, prosecutors and defense attorneys throughout the state, unless each offender is also charged with the criminal paraphernalia charge,” he said. “You are talking about hundreds of cases possibly disappearing just from the court dockets in Ocean City alone.”
Another interesting component is how cases prior to the Oct. 1 law change will be handled. Hundreds of simple possession cases were made over the last few months and throughout the summer and most have yet to be adjudicated. Defense attorneys can, and likely will, argue possession arrests made in August, for example, but tried in November, should be handled under the new law. Clark said he is confident the judicial system in Worcester will make the appropriate decisions.
“The judges, police and prosecutors in Worcester County are very smart and adaptable,” he said. “They will figure out a smooth process to enforce and prosecute the right people and deter others.
Clark said, despite the law change, marijuana possession in Maryland is still a serious charge.
“Nobody should misinterpret this law in Maryland, especially young adults,” he said. “Marijuana is still illegal across the board and not condoned by the state. However, for those 21 and over who are charged only with possession of pot, it’s now a payable civil ticket that won’t affect you’re permanent record. Whether you think the law is sending a bad signal to young people or feel the law is not lenient enough, it’s a big, big change affecting untold thousands of Marylanders.”