Maryland 2023 Regular Session

Maryland House Bill HB1071

Introduced
2/10/23  
Refer
2/10/23  
Report Pass
3/16/23  
Engrossed
3/18/23  
Refer
3/20/23  
Report Pass
4/10/23  
Enrolled
4/10/23  

Caption

Criminal Law and Procedure - Cannabis - Fines for Smoking in Public, Stops, and Searches

Impact

The enactment of HB 1071 is expected to have significant implications for law enforcement protocols regarding cannabis. By establishing stricter criteria for reasonable suspicion, the bill aims to protect citizens from arbitrary searches and seizures, thereby fostering a more balanced relationship between law enforcement and the community. Moreover, the adjustments to fines for public cannabis smoking suggest a broader acceptance of cannabis culture within Maryland, transitioning from more punitive measures to a more relaxed approach.

Summary

House Bill 1071 aims to reform aspects of cannabis-related law enforcement by revising the standards for reasonable suspicion and probable cause. The bill specifies that determinations of reasonable suspicion or probable cause regarding cannabis possession cannot be based solely on the smell of cannabis, possession of cannabis, or currency found near cannabis. Additionally, it seeks to limit police officers' authority by stating that they cannot initiate traffic stops, searches, or seizures based on these factors alone. This legislative change reflects an effort to curb potential misuse of authority and protect individual liberties in the context of cannabis use and possession.

Sentiment

The sentiment regarding HB 1071 appears to be generally supportive among advocates for cannabis reform and civil liberties. However, there is palpable concern among law enforcement organizations about the potential challenges this bill might introduce in upholding public safety. Proponents argue that it promotes justice and fairness, while opponents worry it could hinder police effectiveness in preventing drug-related crime.

Contention

Notable points of contention surrounding HB 1071 focus on its potential impacts on law enforcement. Critics express concern that limiting the criteria for reasonable suspicion may undermine police officers’ ability to act preemptively in potential drug-related incidents. Supporters counter that the current standards can lead to racial profiling and unjustified searches, emphasizing that the law should instead protect citizens from these issues. As such, the bill represents a significant shift in Maryland's approach to cannabis and its regulation by law enforcement.

Companion Bills

No companion bills found.

Previously Filed As

MD SB396

Criminal Procedure - Stops and Searches - Cannabis Odor and Admission of Evidence (Drug-Free Roadways Act of 2024)

MD HB320

Criminal Procedure - Stops and Searches - Cannabis Odor and Admission of Evidence (Drug-Free Roadways Act of 2024)

MD SB51

Criminal Procedure - Reasonable Suspicion and Probable Cause - Cannabis

MD HB496

Criminal procedure; scent of marijuana, cannabis, or hemp; provide imitations on stops, searches, seizures, or arrests

MD AB93

Criminal procedure: consensual searches.

MD HB837

Cannabis Reform

MD SB692

Cannabis – Legalization and Regulation (Cannabis Legalization and Reparations for the War on Drugs Act)

MD SB182

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD SB833

Cannabis Reform

MD HB280

Criminal Law - Cannabis-Related Offenses - Civil Penalties

Similar Bills

No similar bills found.