Maryland senators debated two marijuana bills led by the GOP on Friday. One bill would allow police to search vehicles based solely on their smell, and another was designed to protect medical marijuana patients’ gun rights.
The Senate Judicial Proceedings Committee held an hearing to discuss the proposed legislation. They listened to both proponents and opponents of the proposal, but they did not vote.
Sen. William Folden, (R), is the sponsor of the bill that would allow law enforcement to search for marijuana smell. He said that this measure was intended to “correct an error that the legislature committed” when it enacted reform legislation last year that specifically prohibited such searches, given that the state had legalized marijuana.
Folden added that “this strong smell is easily discernible by both law enforcement and the public.”
Two county prosecutors testified also in support of the measure. Drug policy reform advocates including ACLU of Maryland Director of Public Policy Yanet Amanuel defended the current drug policy which prohibits police from performing cannabis odor-based search.
She said: “The supporters of Senate Bill 396 claim that banning odor searches and stops will hinder law enforcement’s ability to investigate incidents involving impaired driving. But that is simply not true.” The law states that an officer can consider the odor of pot as part of a totality of circumstances in order to confirm their suspicions of impairment. The odor of pot cannot be used as the only reason for an officer to stop and investigate suspected driving under the influence.
Amanuel stated that “police use the alleged smell of marijuana to justify race profiling.” “Diligent police enforcement can and should use honest-based techniques and initiatives to solve crimes without relying upon a possible basis, such as the smell of marijuana, for stopping and search Black and Brown people.”
The Maryland Joint Republican Caucus announced their intention to repeal the ban on odor-based search in November. They claimed that the law had put motorists’ lives at risk, and removed an important tool for law enforcement to confiscate firearms.
On Friday, the members briefly discussed a separate proposition by Sen. Mike McKay, (R), which would protect registered medical cannabis patients’ rights to own, carry and buy firearms in accordance with state law.
In recent years, marijuana and gun rights activists have challenged the constitutionality of the federal law that prevents cannabis users from owning firearms.
A district attorney in Pennsylvania filed a lawsuit against the Justice Department last month, alleging that the ban violates the Second Amendment right of medical cannabis patients like himself.
Around this time last summer, the Maryland legislature raised the issue. The House Judiciary Committee held a hearing to discuss a separate but similar measure that would protect the gun rights of medical marijuana patients.
Marijuana Moment tracks more than 1,000 cannabis and drug policy bills that have been introduced in state legislatures, and Congress. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.
Discover more about our marijuana bills tracker. Become a Patreon supporter to gain access.
—
Overall sales of marijuana in Maryland reached a new record monthly in December. The state’s adult-use and medical markets combined to spend nearly $96.5 Million.
Separately, lawmakers in the state are considering a proposal to create an task force that will study and provide specific recommendations on how to best legalize and regulate some psychedelics .
South Carolina senators fall short of supermajority vote to advance medical marijuana legalization bill
The post Maryland senators take up bills to let police search vehicles based on marijuana odor and protect gun rights for cannabis patients first appeared on Marijuana Moment.
