Republican Maryland lawmakers are trying to repeal a law that prohibits police from searching or stopping people and vehicles on the basis of the mere smell of marijuana. They claim the measure puts motorists in danger and takes away an important tool for law enforcement to confiscate people’s guns.
This effort is just one of five legislative initiatives that the Maryland General Assembly Joint Republican Caucus announced this week, as part of their public safety agenda for next year’s legislative session.
At a Tuesday press conference, House Minority Leader Jesse Pippy (R), said that there is no doubt that people who use cannabis while driving or riding in a car make our roads less secure. The Drug Free Roadways Act of 2024 removes the prohibition on stopping and searching vehicles based on the smell of cannabis.
The Republican law Republicans want to repeal, HB 1071 was approved by the legislature on April, and became law in the following month. The law states that police “may not initiate or conduct a search on a person, motor vehicle or vessel” solely based on the smell or unburned cannabis, possession of personal-use marijuana, or presence of cash near marijuana, without further evidence of intent for distribution.
Democratic Gov. Wes Moore didn’t sign the measure, but instead let it become law without signing.
Pippy, in a statement that was also included in an official GOP press release on Tuesday, said: “Driving while under the influence is illegal.” When the smell of marijuana smoke billows out of a moving car, it’s very likely the driver is under influence. It would be like forbidding law enforcement to stop a vehicle if the driver was chugging beer.
In a press release, the GOP notes that police also use cannabis odor to justify searching cars and seizing items such as firearms. In Montgomery County, it states that “80 percent” of guns were seized by 2022 because of a vehicle search due to cannabis odor. As crime continues to rage in our state, the law enforcement agencies have lost an important way to seize illegal firearms.
It is important to note that driving while under the influence of cannabis remains illegal. This includes the current law which prohibits searches based solely on the smell.
Del. Jheanelle Wikins (D), the chair of the Legislative Black Caucus in the state, explained after the provision was passed.
She said, “Police should be able to and should respond.” This bill is about searches.
A 2013 Maryland court case established that police can arrest a motorist for DUI just by smelling alcohol.
The police are accused of abusing the power to search or stop a car based on the smell of cannabis. Civil rights activists claim that the practice is used disproportionately against Blacks and other Marylanders.
Cary Hansel, an attorney in Baltimore, responded to Wilkins’ question at the time by saying, “I have represented victims of civil right abuses which began when police allegedly smelled marijuana, but they never found it after a thorough search.”
The measure that took effect on July 1 — the same day legalization of marijuana was implemented — also lowered from $250 to only $50 the fine for public consumption of cannabis. It also clarified that any evidence collected in violation of law, even with consent, will not be admissible at court.
The Republicans’ new Drug Free Roadways Act does not make it clear what changes they want to reverse from HB 1071. The proposal was not revealed in detail at the press conference on Tuesday, and the General Assembly website states that the bill hasn’t been filed formally.
In recent years, lawmakers have attempted to address the issue of cannabis smell as probable cause in a number of states. However, they did not always do so in the same manner. In 2020, for instance, a Virginia law to prevent police from searching or seizing people solely based on the smell marijuana was passed. Illinois, Mississippi and other legislators have also pursued reforms of this nature.
The New Hampshire legislature has moved to remove a similar provision as it prepares to introduce a bill to legalize marijuana next year. The chair of the group claimed that the protection no longer was needed due to a court precedent which prohibited the use of alcohol as a sole basis for requesting a vehicle inspection.
In various states, courts have also taken a position on this issue. In Minnesota, the state Supreme Court decided in September that, by itself, , does not constitute probable cause for officers to search cars. In June , the New Jersey Supreme Court made a similar decision.
In Maryland, regulators began this week accepting applications for licenses to operate marijuana businesses from social equity applicants . Maryland Cannabis Administration will issue a total 179 marijuana licences after a 30-day period of application that began Monday. This includes 75 licenses for dispensaries, 16 for growers and 32 for processors.
Last month, marijuana retailers licensed in Maryland sold more than $90 million in combined medical and adult-use marijuana products. The sales of medical marijuana products fell a little, but adult-use product sales were higher than ever.
Biden should smoke marijuana to understand ‘hypocritical’ legalization opposition, Democratic presidential candidate Dean Phillips says
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