Maryland 2023 Regular Session

Maryland Senate Bill SB653

Introduced
2/6/23  
Refer
2/6/23  
Report Pass
3/20/23  
Engrossed
3/20/23  
Refer
3/21/23  
Report Pass
4/5/23  
Enrolled
4/7/23  
Chaptered
5/16/23  

Caption

Child in Need of Assistance - Neglect - Cannabis Use

Impact

If enacted, SB653 would amend existing laws related to the definition of neglect within the context of child welfare. By clarifying that cannabis use alone does not constitute neglect, the bill may provide legal protections to parents who use cannabis responsibly. However, this change would necessitate careful implementation and oversight to ensure that child protection agencies are equipped to evaluate cases where cannabis use is involved, particularly where children's well-being might be at risk.

Summary

Senate Bill 653, titled 'Child in Need of Assistance - Neglect - Cannabis Use', aims to redefine the circumstances under which cannabis use by a parent or caretaker can be classified as neglect. The bill specifies that the mere use of cannabis shall not qualify as neglect unless it results in harm or substantial risk of harm to the child's health or welfare. This proposed legislation reflects an effort to balance parental rights with child welfare considerations, particularly in the context of changing perceptions and legal frameworks surrounding cannabis use.

Sentiment

The sentiment surrounding SB653 appears to be mixed. Supporters argue that the bill is a necessary step in modernizing child welfare laws to reflect current understandings of cannabis, thus protecting parents who use it legally. They see it as an affirmation of parental rights and personal choice. Conversely, opponents may raise concerns about safeguarding children's welfare, arguing that any substance use should be scrutinized rigorously to prevent potential neglect or harm.

Contention

A notable point of contention in the discussions around SB653 revolves around the interpretation and enforcement of what constitutes 'harm' or 'substantial risk of harm' in relation to cannabis use. Opponents might fear that this bill could lead to less scrutiny of situations involving cannabis, potentially putting children at risk. Advocates, on the other hand, stress the importance of distinguishing between responsible adult choices and true negligence or endangerment, suggesting that the existing definitions of neglect are outdated.

Companion Bills

MD HB232

Crossfiled Child in Need of Assistance – Neglect – Cannabis Use

MD SB772

Carry Over Child in Need of Assistance - Neglect - Marijuana Use

Previously Filed As

MD HB232

Child in Need of Assistance – Neglect – Cannabis Use

MD SB772

Child in Need of Assistance - Neglect - Marijuana Use

MD HB1325

Child in Need of Assistance - Neglect - Marijuana Use

MD HB324

Child Abuse and Neglect - Domestic Violence

MD SB550

Children - Labor Trafficking

MD HB508

Children - Labor Trafficking

MD HB338

Child Abuse and Neglect - Definition of Neglect

MD HB833

Parents in Substance Use Disorder Treatment - Children in Need of Assistance and Treatment Facilities

MD SB191

Family Law - Children in Need of Assistance - Unlicensed Settings

MD SB203

Children in Need of Assistance – Custody and Guardianship and Review Hearings

Similar Bills

No similar bills found.