Criminal Defense Lawyer Blog
Those who have read most of our posts understand the blog’s position on the state marijuana laws. The medical use laws in Maryland do little to protect those who have an actual need for the drug because the users are not protected from being arrested or cited. On top of this, the statutory affirmative defense is always at the mercy of the presiding judge’s discretion, and there are simply too few judges that actually understand the medical benefits of marijuana. Call it ignorance or a generational gap, but whatever the reason the affirmative defense is rarely granted and offers little practical protection.
Decriminalization for simple possession would be a step in the right direction, but would only be a temporary fix that would fail to establish a firm stance on the drug’s place in society. Complete legalization for personal use, along with a structure for taxing and regulating the sale and use of marijuana would raise revenue for the state. At the same time, legalization would ease the burden on law enforcement and the judicial system. But it appears that legalization in Maryland is a long shot, and the latest House proposed bill is unlikely to make it out of committee. The state senate has yet to even propose a legalization bill. So what is the holdup? Why won’t any of these bills come across the governor’s desk, and if they do, why won’t he sign them? The balance of this post will outline the main arguments that seem to be standing in the way of progressive pot legislation.
Continue reading →
Marijuana legalization debates continue to ramp up on the floor of the state legislature, and the latest bill to be introduced is by far the most progressive to date. We previously posted an article about the introduction of Maryland Senate Bill 297, which dealt with the decriminalization of the popular drug. The most recent bill though takes Senator Zirkin’s proposal one step further, and calls for outright legalization of marijuana for recreational use. The new bill is nearly identical to the laws that were recently passed in Colorado and Washington. If passed into law, it would allow citizens over the age of 21 to possess one ounce or less of marijuana, and additionally to grow up to three plants in their homes. The current state law makes it illegal for anyone to possess even a residue amount of the plant, and violators face up to 90 days in jail for having 10 grams or less, and up to a year for possessing more than 10 grams.
Back in June the Blog posted an 
We discussed in the last blog entry that state lawmakers were planning to introduce new legislation on medical and synthetic marijuana. These bills are still in the works, but the big news coming out of the state house is that a brand new marijuana decriminalization bill is scheduled for a debate today in Annapolis. Maryland Senate Bill 297, proposed by state senator Zirkin, would effectively reduce the punishment for simple possession of marijuana from a maximum 90 days in jail to a maximum $100 fine. In addition simple possession, which is defined as less than 10 grams of the drug, would no longer be part of the state criminal code. Much like a parking ticket, violators of the proposed law would only be subject to a civil fine and would not be at risk of jail time or a criminal conviction. The hearing was scheduled for debate this afternoon, and promises to feature spirited testimony from a variety of politicians, former law enforcement officers, and even economists.
As we approach the midway point in this year’s legislative session in Annapolis, it should come as no surprise that marijuana is trending heavily on the floor. Representative Glenn of Baltimore planned to introduce the Maryland Medical Marijuana Act to the House Judiciary Committee. This is the same bill that lost steam during the legislative gauntlet last winter. The bill would allow the state’s Department of Health and Mental Hygiene to establish centers for marijuana distribution for patients with a medical necessity for the drug, provided they are under the continuous care of a doctor. Ms. Glenn is quoted as saying that “people are suffering everyday in the state of Maryland, and they are being subjected to going out on the streets for the relief we should be providing.” In addition to suffering unnecessary pain and anguish, medical marijuana users also face arrest and prosecution from State’s Attorneys and Judges who naively believe marijuana is a dangerous drug with no legitimate benefits. This type of archaic thinking is especially present in the more rural areas of the state, and in stricter jurisdictions such as Harford County and Worchester County.
Police departments around the country are planning to ramp up their DUI detection and suppression efforts for the big game this weekend. Cops will deploy more road patrol officers than normal, and set up numerous checkpoints around the country this coming Sunday. These patrols and checkpoints will focus on popular nightlife areas and suburban neighborhoods where millions will be hosting or attending parties. Baltimore will likely see a large police presence in the downtown area, as thousands of Ravens fans will be out watching and celebrating the hometown team. The best piece of advice for any party goer who plans on drinking is to walk, take public transportation, or cab it. But, as most Marylanders are aware the state’s public transportation system and taxi cab network is hardly to most accessible, so driving is usually the only option. Get a designated driver, and try to find one that’ll be able to resist the temptation to drink when the Ravens are playing well, playing poorly, or doing both from one play to the next.
Federal law enforcement recently announced that a major drug ring in suburban Maryland has been busted up, and numerous arrests have been made. In total, 18 people were arrested in the bust, and as many as 15 have already been charged with conspiracy to distribute more than two thousand pounds of marijuana and various other drugs. The federal grand jury indictment included information, which led federal officers to believe that the Anne Arundel County drug ring distributed cocaine, prescription pills, steroids, as well as large amounts of pot. As many as 250 federal agents participated in multiple raids that reportedly resulted in the seizure of 30 cars, 60 pounds of marijuana, upwards of 300 thousand dollars cash, and multiple guns. The seizures are not even close to complete as the U.S. Justice Department is seeking the court’s approval to confiscate over 10 million dollars in cash, multiple real estate properties, bank accounts, cars, and business assets.
The Baltimore Police Department and the Mayor’s office has released it annual crime report, and the statistics are mixed as to whether 2012 was another step in the right direction. The city’s homicide rate rose for the first time in a few years, and this is a cause for concern from the police and the mayor’s office. In 2011 the city reported 197 murders, which is still a relatively high number considering the overall population. But last year this number actually rose ten percent to 217 murders, thus assuring that Baltimore will still be talked about with the likes of Detroit, Oakland, and St. Louis as one of the most violent cities in America. Although homicides were up it still may not be fair to lump our city in with the usual suspects of violent places. In fact, 2012 crime statistics of other violent crimes and certain property crimes show just the opposite.
Maryland lawmakers are set to begin the 2013 legislative session next week in Annapolis, and gun control is one topic on the minds of many representatives. State legislatures from all over the country will undoubtedly take a deep look into their respective gun laws following the Newtown, Connecticut tragedy, and Maryland is no exception. At least one representative, a democrat from Baltimore County, has already publically proposed a bill that would require active duty police officers to be deployed full time in all state public schools. There are currently school resources officers in many middle and high schools and a few elementary schools, but deploying these officers in public schools is not mandatory. School resource officers are sworn policemen and women that have arrest powers, and carry standard issue police firearms. The bill was submitted as emergency legislation, which means that if it passes it could go into effect as soon as February. It is obviously too early to tell if the bill will receive any opposition, but it seems as if the financial burden on local police jurisdictions would be the only obstacle to the bill’s passage.