OCEAN CITY — Smoking marijuana in public places, including, for example, the beach or Boardwalk in Ocean City, will likely continue to be a criminal misdemeanor subject to arrest after Maryland Governor Larry Hogan last week vetoed a bill that would have loosened the state laws on weed.
Last year, the Maryland General Assembly passed legislation that decriminalized simple possession of less than 10 grams of marijuana, making it an offense akin to a traffic citation. The bill made the simple possession a civil citation that could be paid without the threat of court appearances, jail time, probation and permanent marks on the offenders’ records.
However, the bill was fraught with inconsistencies, such as keeping possession of paraphernalia still an arrestable offense while possessing the actual weed was not. A bill introduced this year and ultimately passed by both chambers would make possession of paraphernalia a civil citation similar to the new law governing the possession of 10 grams or less, but the legislation also went as far as too make smoking marijuana in public places or even while driving also a civil citation.
Senate Bill 517 would establish that smoking marijuana in a public place as a civil offense, punishable by a fine of up to $500. The bill also legalizes the possession of marijuana-related paraphernalia by eliminating criminal penalties. During the 2014 session, the General Assembly passed legislation that decriminalized the use and possession of less than 10 grams of marijuana, making it a civil offense subject to a fine, and not an arrestable offense with court dates and possible jail time.
The intent of Senate Bill 517 was to correct some oversights in that legislation including possible criminal prosecution for the possession of paraphernalia, but not for the possession of marijuana itself. However, Hogan and his supporters, including Delegate Mary Beth Carozza (R-38C) believes the bill went too far with the decriminalization of smoking marijuana in public places, such as the Boardwalk or beach in Ocean City, along with individuals smoking weed while driving a vehicle.
It was largely the latter that led Hogan to veto the legislation last week. In a letter to Senate President Thomas V. “Mike” Miller, Hogan outlined his reasons for vetoing the bill.
“With Senate Bill 517, the General Assembly attempts to correct the unintended consequences from last year’s law, but in doing so creates legal uncertainties including the elimination of criminal sanctions for the use of marijuana while operating a vehicle or in a public setting,” Hogan’s letter to Senate President Mike Miller reads. “Smoking marijuana while driving is a serious threat to public safety.”
When the bill was introduced in the House, Carozza was able to get an amendment attached that would make the possession of paraphernalia a civil offense with a citation, while keeping smoking weed in public an arrestable offense. However, the amendment didn’t survive the bill’s final version passed by both the House and Senate.
Carozza said this week local law enforcement and the State’s Attorneys in both Worcester and Wicomico Counties told her that keeping the use of marijuana in a public space as a criminal offense is an effective public safety tool. She said with the power to arrest as opposed to just issuing a citation, local law enforcement can remove those individuals who are smoking weed in a public area. In the alternative, a person who just smoked marijuana in public could be issued a paper citation, then just walk down the Boardwalk a little further and light up again, under an example provided by Carozza.
“I join with local law enforcement and the state’s attorneys to thank Governor Hogan for vetoing Senate Bill 517,” she said. “The governor listened to the concerns of Maryland police chiefs, sheriffs, and state’s attorneys, and by vetoing this bill, the governor put public safety first. Now that the governor has vetoed Senate Bill 517, law enforcement, if they choose to do so, can arrest those individuals who smoke pot in public and have this public safety tool as an option.”
In addition, if Senate Bill 517 became law, state and local law enforcement would be left with no authority to make a traffic stop if they saw someone smoking marijuana while driving, according to Carozza. The Maryland State’s Attorney’s Association, the Maryland Chiefs of Police and the Maryland Sheriff’s Association requested that Governor Hogan veto Senate Bill 517. Carozza said she was prepared to work with those organizations to prevent similar legislation in the future.
“Since we don’t know at this point whether the General Assembly will try to override the governor’s veto when we return to session in January, I plan to continue to work with law enforcement and the state’s attorneys to draft, and if necessary introduce, legislation to keep the use of marijuana in public as a criminal offense. We are safer as a community when these tools are options for our law enforcement.”
For its part, the Ocean City Police Department has been enforcing the marijuana possession law change that took effect last Oct. 1, but with change coming after the busy season, there isn’t a big track record on the number of citations issued. OCPD spokesperson Lindsay Richard said this week the department would not actually arrest those who are smoking in public, keeping in mind that was the intent of the law passed by the Assembly last year. However, she said there have been few if any cases of an individual smoking weed in public. Richard said the OCPD continues to monitor the situation and adapt its policies accordingly.
“The Ocean City Police Department constantly monitors any changes to our state laws, especially regarding marijuana possession and consumption, and we adjust our policies and procedures appropriately,” she said. “As such, in November 2014, we enacted a new policy that reflects the intent of the state legislature with regard to the changes in the law.”
According to Richard, those policy adjustments include issuing citations for possession of paraphernalia and less than 10 grams of marijuana.
“Anyone in possession of less than 10 grams of marijuana who is also in possession of CDS paraphernalia shall be issued a civil citation only for the possession of marijuana, granted that the possession of CDS paraphernalia was the only criminal offense being committed by the person at the time,” she said. “We do not arrest individuals on private property, or on public property, who are possession of less than 10 grams of marijuana and are also in possession of CDS paraphernalia.”
Meanwhile, the Marijuana Policy Coalition of Maryland this week called on state lawmakers to override the governor’s veto. The coalition in a formal statement cited a 32-13 vote in the Senate and an 83-53 vote in the House as proof of statewide support for the legislation.
“Governor Hogan’s decision to veto this widely supported, common sense legislation is baffling,” the statement reads. “An overwhelming majority of Maryland voters do not want citizens subjected to jail time and a lifelong criminal record for simply using marijuana. Their elected officials have stood up for them on this issue twice, and we hope they will do so again by overriding the governor’s veto.”
The coalition said in the statement the governor’s reasoning behind the veto was flawed.
“Governor Hogan’s excuse for opposing the legislation does not hold water,” the statement reads. “Under the proposed law, it would remain entirely illegal to consume marijuana while driving and police would maintain the ability to stop anyone they believed to be engaging in such an activity. Ironically, if Governor Hogan’s veto holds, law enforcement officials will continue to spend time arresting and prosecuting people for marijuana paraphernalia possession instead of spending it on looking for impaired and otherwise dangerous drivers. If the governor’s aim was to keep our roads safe, his veto of Senate Bill 517 was an epic misfire.”