The Maryland governor, as Maryland prepares to legalize adult-use marijuana, has approved a law that prohibits the police from searching based solely on the smell or possession of cannabis.
It comes about one month after passed the measure from Del. Charlotte Crutchfield, a Democrat, sent the bill to Gov. Wes Moore (D).
The law states that an official of the law “may not initiate or conduct a stop, search, or investigation of a vehicle, person, or vessel” solely based on the smell or presence of unburnt or burned cannabis, a small amount of marijuana for personal use, or money in the vicinity of marijuana, without any additional evidence of intent.
The bill also states that police are not allowed to search parts of an automobile for marijuana when investigating suspected drunk driving. This includes parts that the driver cannot access or areas that “are not reasonably likely to contain evidence that is relevant to the driver’s or operator’s condition.”
The measure will come into effect on July 1 and lower the penalty for public consumption of cannabis from $250 to $50. It also clarifies that any evidence gathered in violation of law, even with consent, will not be admissible at court.
It’s unclear why the Governor chose to let the bill be passed, without his signature. He has signed other cannabis reform bills in recent weeks.
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The governor signed last week a bill that will prevent state officials from interpreting the use of marijuana by parents or guardians as “neglect” by children.
Moore has signed into law the measure that regulates marijuana sales. This sets the stage for the statewide legalization.
The state’s voter approved legalization law will take effect in July.
The legislation will remove the criminal penalties for possession up to 2.5 ounces. Adults aged 21 years and older can grow up to 2 plants for their own use, and give cannabis away without compensation.
Those who have been convicted of crimes that are now legalized under the proposed legislation will automatically be expunged. Those currently in prison for these offenses can also be resentenced. People convicted of possession with intent for distribution can now petition the court for expungement after three years.
Some parts of the referendum came into effect at the start of the year. Possession of less than 1.5 ounces cannabis is now a civil offence punishable with a $100 fine. More than 1.5 ounces or up to 2.5 ounces are subject to a $250 penalty.
In recent years, lawmakers from several states worked to pass the police odor law.
A Virginia bill that would prohibit police from searching or seizing properties solely based on the smell marijuana was passed in 2020. Illinois, Mississippi and other legislators have also pursued reforms of this nature.
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The first time Marijuana moment was published, the post Maryland Police Will Not Be Able to Use Marijuana As A Basis For Searches Under Law That Governor Has Allow To Become Law.
