Criminal Law - Use or Possession of a Controlled Dangerous Substance - De Minimis Quantity
The bill alters existing statutes in the state’s criminal law by modifying how small drug offenses are prosecuted. Individuals found in possession of specified small amounts of substances like marijuana or cocaine would face civil rather than criminal penalties, including potential fines and mandatory attendance at drug education programs. This significant shift is aimed at alleviating the burden on the criminal justice system and focusing on treatment rather than punishment for drug offenses. Lawmakers expect that this approach could lead to better outcomes for individuals struggling with substance use disorders.
House Bill 1054 aims to reform the legal framework surrounding the use and possession of controlled dangerous substances in Maryland, specifically addressing de minimis quantities. This legislation seeks to reduce the criminal penalties associated with small amounts of certain controlled substances, reclassifying them from misdemeanors to civil offenses. By defining specific thresholds for what constitutes a de minimis quantity, the bill intends to provide clearer guidelines for law enforcement and reduce unnecessary criminal charges for minor drug offenses.
Notable points of contention surrounding HB 1054 include concerns about the implications of decriminalizing small amounts of drugs and the potential societal impact. Critics argue that the bill may inadvertently encourage drug use by reducing penalties, while supporters highlight the importance of viewing substance use as a health issue rather than primarily a criminal one. The law also stipulates referrals to treatment and assessment for individuals, indicating a move toward a more health-oriented approach. However, debates continue on whether the bill adequately addresses the complexities associated with drug use and public safety.