Maryland 2022 Regular Session

Maryland House Bill HB1054 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1054
6	6
7	7	HOUSE BILL 1054
8	8	E1 2lr2926
9	9	CF SB 784
10	10	By: Delegates Moon and Cardin
11	11	Introduced and read first time: February 10, 2022
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Criminal Law – Use or Possession of a Controlled Dangerous Substance – De 2
19	19	Minimis Quantity 3
20	20
21	21	FOR the purpose of making certain violations relating to the use or possession of certain 4
22	22	de minimis quantities of certain controlled dangerous substances a civil offense 5
23	23	rather than a misdemeanor; altering a certain provision of law to require a court to 6
24	24	order a person who commits a certain violation, regardless of the age of the person, 7
25	25	to attend a certain drug education program, refer the person to an assessment for 8
26	26	substance use disorder or a mental health assessment, and refer the person to 9
27	27	substance use treatment or mental health treatment under certain circumstances; 10
28	28	requiring that a certain case proceed in drug court under certain circumstances; and 11
29	29	generally relating to use or possession of a controlled dangerous substance. 12
30	30
31	31	BY repealing and reenacting, with amendments, 13
32	32	Article – Criminal Law 14
33	33	Section 5–601 and 5–601.1 15
34	34	Annotated Code of Maryland 16
35	35	(2021 Replacement Volume and 2021 Supplement) 17
36	36
37	37	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
38	38	That the Laws of Maryland read as follows: 19
39	39
40	40	Article – Criminal Law 20
41	41
42	42	5–601. 21
43	43
44	44	(a) IN THIS SECTION , “DE MINIMIS QUANTITY OF A CONTROLLED 22
45	45	DANGEROUS SUBSTANCE ” MEANS LESS THAN : 23
46	46
47	47	(1) 10 GRAMS OF MARIJUANA ; 24 2 HOUSE BILL 1054
48	48
49	49
50	50
51	51	(2) 2 GRAMS OF COCAINE ; 1
52	52
53	53	(3) 1.5 GRAMS OF COCAINE BAS E, COMMONLY KNOWN AS “CRACK”; 2
54	54
55	55	(4) 1 GRAM OF HEROIN ; 3
56	56
57	57	(5) 1 GRAM OR 5 TABLETS OF 3, 4
58	58	4–METHYLENEDIOXYMETHAM PHETAMINE (MDMA); 5
59	59
60	60	(6) 40 USER UNITS OF LYSERG IC ACID DIETHYLAMIDE (LSD); 6
61	61
62	62	(7) 40 USER UNITS OF METHAD ONE; 7
63	63
64	64	(8) 2 GRAMS OF METHAMPHETA MINE; OR 8
65	65
66	66	(9) 40 TABLETS OF OXYCODONE . 9
67	67
68	68	(B) Except as otherwise provided in this title, a person may not: 10
69	69
70	70	(1) possess or administer to another a controlled dangerous substance, 11
71	71	unless obtained directly or by prescription or order from an authorized provider acting in 12
72	72	the course of professional practice; or 13
73	73
74	74	(2) obtain or attempt to obtain a controlled dangerous substance, or 14
75	75	procure or attempt to procure the administration of a controlled dangerous substance by: 15
76	76
77	77	(i) fraud, deceit, misrepresentation, or subterfuge; 16
78	78
79	79	(ii) the counterfeiting or alteration of a prescription or a written 17
80	80	order; 18
81	81
82	82	(iii) the concealment of a material fact; 19
83	83
84	84	(iv) the use of a false name or address; 20
85	85
86	86	(v) falsely assuming the title of or representing to be a 21
87	87	manufacturer, distributor, or authorized provider; or 22
88	88
89	89	(vi) making, issuing, or presenting a false or counterfeit prescription 23
90	90	or written order. 24
91	91
92	92	[(b)] (C) Information that is communicated to a physician in an effort to obtain 25
93	93	a controlled dangerous substance in violation of this section is not a privileged 26
94	94	communication. 27 HOUSE BILL 1054 3
95	95
96	96
97	97
98	98	[(c)] (D) (1) Except as provided in paragraphs (2), (3), and (4) of this 1
99	99	subsection, a person who violates this section is guilty of a misdemeanor and on conviction 2
100	100	is subject to: 3
101	101
102	102	(i) for a first conviction, imprisonment not exceeding 1 year or a fine 4
103	103	not exceeding $5,000 or both; 5
104	104
105	105	(ii) for a second or third conviction, imprisonment not exceeding 18 6
106	106	months or a fine not exceeding $5,000 or both; or 7
107	107
108	108	(iii) for a fourth or subsequent conviction, imprisonment not 8
109	109	exceeding 2 years or a fine not exceeding $5,000 or both. 9
110	110
111	111	(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 10
112	112	person whose violation of this section involves the use or possession of marijuana is guilty 11
113	113	of the misdemeanor of possession of marijuana and is subject to imprisonment not 12
114	114	exceeding 6 months or a fine not exceeding $1,000 or both. 13
115	115
116	116	(ii) 1. A first finding of guilt under this section involving the use 14
117	117	or possession of [less than 10 grams of marijuana] A DE MINIMIS QUANTIT Y OF A 15
118	118	CONTROLLED DANGEROUS SUBSTANCE is a civil offense punishable by a fine not 16
119	119	exceeding $100. 17
120	120
121	121	2. A second finding of guilt under this section involving the 18
122	122	use or possession of [less than 10 grams of marijuana] A DE MINIMIS QUANTIT Y OF A 19
123	123	CONTROLLED DANGEROUS SUBSTANCE is a civil offense punishable by a fine not 20
124	124	exceeding [$250] $150. 21
125	125
126	126	3. A third or subsequent finding of guilt under this section 22
127	127	involving the use or possession of less than 10 grams of marijuana is a civil offense 23
128	128	punishable by a fine not exceeding [$500] $200. 24
129	129
130	130	4. A. In addition to a fine, a court shall order a person 25
131	131	[under the age of 21 years] who commits a violation punishable under subsubparagraph 1, 26
132	132	2, or 3 of this subparagraph to attend a drug education program approved by the Maryland 27
133	133	Department of Health, refer the person to an assessment for substance [abuse] USE 28
134	134	disorder OR A MENTAL HEALTH A SSESSMENT, and refer the person to substance [abuse] 29
135	135	USE treatment OR MENTAL HEALTH TRE ATMENT, if necessary. 30
136	136
137	137	B. [In addition to a fine, a court shall order a person at least 31
138	138	21 years old who commits a violation punishable under subsubparagraph 3 of this 32
139	139	subparagraph to attend a drug education program approved by the Maryland Department 33
140	140	of Health, refer the person to an assessment for substance abuse disorder, and refer the 34
141	141	person to substance abuse treatment, if necessary. 35
142	142	4 HOUSE BILL 1054
143	143
144	144
145	145	C.] A court that orders a person to a drug education program 1
146	146	or substance [abuse] USE OR MENTAL HEALTH assessment or treatment under this 2
147	147	subsubparagraph may hold the case sub curia pending receipt of proof of completion of the 3
148	148	program, assessment, or treatment. 4
149	149
150	150	(3) (i) 1. In this paragraph the following words have the meanings 5
151	151	indicated. 6
152	152
153	153	2. “Bona fide physician–patient relationship” means a 7
154	154	relationship in which the physician has ongoing responsibility for the assessment, care, and 8
155	155	treatment of a patient’s medical condition. 9
156	156
157	157	3. “Caregiver” means an individual designated by a patient 10
158	158	with a debilitating medical condition to provide physical or medical assistance to the 11
159	159	patient, including assisting with the medical use of marijuana, who: 12
160	160
161	161	A. is a resident of the State; 13
162	162
163	163	B. is at least 21 years old; 14
164	164
165	165	C. is an immediate family member, a spouse, or a domestic 15
166	166	partner of the patient; 16
167	167
168	168	D. has not been convicted of a crime of violence as defined in 17
169	169	§ 14–101 of this article; 18
170	170
171	171	E. has not been convicted of a violation of a State or federal 19
172	172	controlled dangerous substances law; 20
173	173
174	174	F. has not been convicted of a crime of moral turpitude; 21
175	175
176	176	G. has been designated as caregiver by the patient in writing 22
177	177	that has been placed in the patient’s medical record prior to arrest; 23
178	178
179	179	H. is the only individual designated by the patient to serve as 24
180	180	caregiver; and 25
181	181
182	182	I. is not serving as caregiver for any other patient. 26
183	183
184	184	4. “Debilitating medical condition” means a chronic or 27
185	185	debilitating disease or medical condition or the treatment of a chronic or debilitating 28
186	186	disease or medical condition that produces one or more of the following, as documented by 29
187	187	a physician with whom the patient has a bona fide physician–patient relationship: 30
188	188
189	189	A. cachexia or wasting syndrome; 31
190	190
191	191	B. severe or chronic pain; 32 HOUSE BILL 1054 5
192	192
193	193
194	194
195	195	C. severe nausea; 1
196	196
197	197	D. seizures; 2
198	198
199	199	E. severe and persistent muscle spasms; or 3
200	200
201	201	F. any other condition that is severe and resistant to 4
202	202	conventional medicine. 5
203	203
204	204	(ii) 1. In a prosecution for the use or possession of marijuana, the 6
205	205	defendant may introduce and the court shall consider as a mitigating factor any evidence 7
206	206	of medical necessity. 8
207	207
208	208	2. Notwithstanding paragraph (2) of this subsection, if the 9
209	209	court finds that the person used or possessed marijuana because of medical necessity, the 10
210	210	court shall dismiss the charge. 11
211	211
212	212	(iii) 1. In a prosecution for the use or possession of marijuana 12
213	213	under this section, it is an affirmative defense that the defendant used or possessed 13
214	214	marijuana because: 14
215	215
216	216	A. the defendant has a debilitating medical condition that 15
217	217	has been diagnosed by a physician with whom the defendant has a bona fide 16
218	218	physician–patient relationship; 17
219	219
220	220	B. the debilitating medical condition is severe and resistant 18
221	221	to conventional medicine; and 19
222	222
223	223	C. marijuana is likely to provide the defendant with 20
224	224	therapeutic or palliative relief from the debilitating medical condition. 21
225	225
226	226	2. A. In a prosecution for the possession of marijuana 22
227	227	under this section, it is an affirmative defense that the defendant possessed marijuana 23
228	228	because the marijuana was intended for medical use by an individual with a debilitating 24
229	229	medical condition for whom the defendant is a caregiver. 25
230	230
231	231	B. A defendant may not assert the affirmative defense under 26
232	232	this subsubparagraph unless the defendant notifies the State’s Attorney of the defendant’s 27
233	233	intention to assert the affirmative defense and provides the State’s Attorney with all 28
234	234	documentation in support of the affirmative defense in accordance with the rules of 29
235	235	discovery provided in Maryland Rules 4–262 and 4–263. 30
236	236
237	237	3. An affirmative defense under this subparagraph may not 31
238	238	be used if the defendant was: 32
239	239
240	240	A. using marijuana in a public place or assisting the 33 6 HOUSE BILL 1054
241	241
242	242
243	243	individual for whom the defendant is a caregiver in using the marijuana in a public place; 1
244	244	or 2
245	245
246	246	B. in possession of more than 1 ounce of marijuana. 3
247	247
248	248	(4) A violation of this section involving the smoking of marijuana in a 4
249	249	public place is a civil offense punishable by a fine not exceeding $500. 5
250	250
251	251	[(d)] (E) The provisions of subsection [(c)(2)(ii)] (D)(2)(II) of this section making 6
252	252	the possession of [marijuana] A DE MIMINIS QUANTIT Y OF A CONTROLLED DA NGEROUS 7
253	253	SUBSTANCE a civil offense may not be construed to affect the laws relating to: 8
254	254
255	255	(1) operating a vehicle or vessel while under the influence of or while 9
256	256	impaired by a controlled dangerous substance; or 10
257	257
258	258	(2) seizure and forfeiture. 11
259	259
260	260	[(e)] (F) (1) (i) Before imposing a sentence under subsection [(c)] (D) of 12
261	261	this section, the court may order the Maryland Department of Health or a certified and 13
262	262	licensed designee to conduct an assessment of the defendant for substance use disorder and 14
263	263	determine whether the defendant is in need of and may benefit from drug treatment. 15
264	264
265	265	(ii) If an assessment for substance use disorder is requested by the 16
266	266	defendant and the court denies the request, the court shall state on the record the basis for 17
267	267	the denial. 18
268	268
269	269	(2) On receiving an order under paragraph (1) of this subsection, the 19
270	270	Maryland Department of Health, or the designee, shall conduct an assessment of the 20
271	271	defendant for substance use disorder and provide the results to the court, the defendant or 21
272	272	the defendant’s attorney, and the State identifying the defendant’s drug treatment needs. 22
273	273
274	274	(3) The court shall consider the results of an assessment performed under 23
275	275	paragraph (2) of this subsection when imposing the defendant’s sentence and: 24
276	276
277	277	(i) except as provided in subparagraph (ii) of this paragraph, the 25
278	278	court shall suspend the execution of the sentence and order probation and, if the 26
279	279	assessment shows that the defendant is in need of substance [abuse] USE treatment, 27
280	280	require the Maryland Department of Health or the designee to provide the medically 28
281	281	appropriate level of treatment as identified in the assessment; or 29
282	282
283	283	(ii) the court may impose a term of imprisonment under subsection 30
284	284	[(c)] (D) of this section and order the Division of Correction or local correctional facility to 31
285	285	facilitate the medically appropriate level of treatment for the defendant as identified in the 32
286	286	assessment. 33
287	287
288	288	5–601.1. 34 HOUSE BILL 1054 7
289	289
290	290
291	291
292	292	(a) IN THIS SECTION , “DE MINIMIS QUANTITY OF A CONTROLLED 1
293	293	DANGEROUS SUBSTANCE ” HAS THE MEANING STAT ED IN § 5–601 OF THIS SUBTITLE. 2
294	294
295	295	(B) A police officer shall issue a citation to a person who the police officer has 3
296	296	probable cause to believe has committed a violation of § 5–601 of this part involving the use 4
297	297	or possession of [less than 10 grams of marijuana] A DE MINIMIS QUANTIT Y OF A 5
298	298	CONTROLLED DANGEROUS SUBSTANCE. 6
299	299
300	300	[(b)] (C) (1) A violation of § 5–601 of this part involving the use or possession 7
301	301	of [less than 10 grams of marijuana] A DE MINIMIS QUANTIT Y OF A CONTROLLED 8
302	302	DANGEROUS SUBSTANCE is a civil offense. 9
303	303
304	304	(2) Adjudication of a violation under § 5–601 of this part involving the use 10
305	305	or possession of [less than 10 grams of marijuana] A DE MINIMIS QUANTIT Y OF A 11
306	306	CONTROLLED DANGEROUS SUBSTANCE: 12
307	307
308	308	(i) is not a criminal conviction for any purpose; and 13
309	309
310	310	(ii) does not impose any of the civil disabilities that may result from 14
311	311	a criminal conviction. 15
312	312
313	313	[(c)] (D) (1) A citation issued for a violation of § 5–601 of this part involving 16
314	314	the use or possession of [less than 10 grams of marijuana] A DE MINIMIS QUANTIT Y OF A 17
315	315	CONTROLLED DANGEROUS SUBSTANCE shall be signed by the police officer who issues 18
316	316	the citation and shall contain: 19
317	317
318	318	(i) the name, address, and date of birth of the person charged; 20
319	319
320	320	(ii) the date and time that the violation occurred; 21
321	321
322	322	(iii) the location at which the violation occurred; 22
323	323
324	324	(iv) the fine that may be imposed; 23
325	325
326	326	(v) a notice stating that prepayment of the fine is allowed, except as 24
327	327	provided in paragraph (2) of this subsection; and 25
328	328
329	329	(vi) a notice in boldface type that states that the person shall: 26
330	330
331	331	1. pay the full amount of the preset fine; or 27
332	332
333	333	2. request a trial date at the date, time, and place established 28
334	334	by the District Court by writ or trial notice. 29
335	335
336	336	(2) (i) If a citation for a violation of § 5–601 of this part involving the 30 8 HOUSE BILL 1054
337	337
338	338
339	339	use or possession of [less than 10 grams of marijuana] A DE MINIMIS QUANTITY OF A 1
340	340	CONTROLLED DANGEROUS SUBSTANCE is issued to a person under the age of 21 years, 2
341	341	the court shall summon the person for trial. 3
342	342
343	343	(ii) If the court finds that a person at least 21 years old who has been 4
344	344	issued a citation under this section has at least twice previously been found guilty under § 5
345	345	5–601 of this part involving the use or possession of [less than 10 grams of marijuana] A 6
346	346	DE MINIMIS QUANTITY OF A CONTROLLED DANGEROUS SUBSTANCE, the court shall 7
347	347	summon the person for trial. 8
348	348
349	349	[(d)] (E) The form of the citation shall be uniform throughout the State and shall 9
350	350	be prescribed by the District Court. 10
351	351
352	352	[(e)] (F) (1) The Chief Judge of the District Court shall establish a schedule 11
353	353	for the prepayment of the fine. 12
354	354
355	355	(2) Prepayment of a fine shall be considered a plea of guilty to a Code 13
356	356	violation. 14
357	357
358	358	(3) A person described in subsection [(c)(2)] (D)(2) of this section may not 15
359	359	prepay the fine. 16
360	360
361	361	[(f)] (G) (1) A person may request a trial by sending a request for trial to the 17
362	362	District Court in the jurisdiction where the citation was issued within 30 days of the 18
363	363	issuance of the citation. 19
364	364
365	365	(2) If a person other than a person described in subsection [(c)(2)] (D)(2) 20
366	366	of this section does not request a trial or prepay the fine within 30 days of the issuance of 21
367	367	the citation, the court may impose the maximum fine and costs against the person and find 22
368	368	the person is guilty of a Code violation for purposes of subsection [(c)(2)(ii)] (D)(2)(II) of 23
369	369	this section. 24
370	370
371	371	[(g)] (H) (1) The issuing jurisdiction shall forward a copy of the citation and 25
372	372	a request for trial to the District Court in the district having venue. 26
373	373
374	374	(2) THE CASE SHALL PROCEE D IN DRUG COURT , IF THE 27
375	375	DISTRICT COURT IN THE DISTRICT HAVING VENUE HAS A D RUG COURT. 28
376	376
377	377	[(h)] (I) (1) The failure of a defendant to respond to a summons described in 29
378	378	subsection [(c)(2)] (D)(2) of this section shall be governed by § 5–212 of the Criminal 30
379	379	Procedure Article. 31
380	380
381	381	(2) If a person at least 21 years old fails to appear after having requested 32
382	382	a trial, the court may impose the maximum fine and costs against the person and find the 33
383	383	person is guilty of a Code violation for purposes of subsection [(c)(2)(ii)] (D)(2)(II) of this 34
384	384	section. 35 HOUSE BILL 1054 9
385	385
386	386
387	387
388	388	[(i)] (J) In any proceeding for a Code violation under § 5–601 of this part 1
389	389	involving the use or possession of [less than 10 grams of marijuana] A DE MINIMIS 2
390	390	QUANTITY OF A CONTRO LLED DANGEROUS SUBST ANCE: 3
391	391
392	392	(1) the State has the burden to prove the guilt of the defendant by a 4
393	393	preponderance of the evidence; 5
394	394
395	395	(2) the court shall apply the evidentiary standards as prescribed by law or 6
396	396	rule for the trial of a criminal case; 7
397	397
398	398	(3) the court shall ensure that the defendant has received a copy of the 8
399	399	charges against the defendant and that the defendant understands those charges; 9
400	400
401	401	(4) the defendant is entitled to cross–examine all witnesses who appear 10
402	402	against the defendant, to produce evidence or witnesses on behalf of the defendant, and to 11
403	403	testify on the defendant’s own behalf, if the defendant chooses to do so; 12
404	404
405	405	(5) the defendant is entitled to be represented by counsel of the defendant’s 13
406	406	choice and at the expense of the defendant; and 14
407	407
408	408	(6) the defendant may enter a plea of guilty or not guilty, and the verdict 15
409	409	of the court in the case shall be: 16
410	410
411	411	(i) guilty of a Code violation; 17
412	412
413	413	(ii) not guilty of a Code violation; or 18
414	414
415	415	(iii) probation before judgment, imposed by the court in the same 19
416	416	manner and to the same extent as is allowed by law in the trial of a criminal case. 20
417	417
418	418	[(j)] (K) (1) The defendant is liable for the costs of the proceedings in the 21
419	419	District Court. 22
420	420
421	421	(2) The court costs in a Code violation case under § 5–601 of this part 23
422	422	involving the use or possession of [less than 10 grams of marijuana] A DE MINIMIS 24
423	423	QUANTITY OF A CONTRO LLED DANGEROUS SUBST ANCE in which costs are imposed are 25
424	424	$5. 26
425	425
426	426	[(k)] (L) (1) The State’s Attorney for any county may prosecute a Code 27
427	427	violation under § 5–601 of this part involving the use or possession of [less than 10 grams 28
428	428	of marijuana] A DE MINIMIS QUANTIT Y OF A CONTROLLED DA NGEROUS SUBSTANCE 29
429	429	in the same manner as prosecution of a violation of the criminal laws of the State. 30
430	430
431	431	(2) In a Code violation case under § 5–601 of this part involving the use or 31
432	432	possession of [less than 10 grams of marijuana] A DE MINIMIS QUANTIT Y OF A 32 10 HOUSE BILL 1054
433	433
434	434
435	435	CONTROLLED DANGEROUS SUBSTANCE, the State’s Attorney may: 1
436	436
437	437	(i) enter a nolle prosequi or move to place the case on the stet docket; 2
438	438	and 3
439	439
440	440	(ii) exercise authority in the same manner as prescribed by law for 4
441	441	violation of the criminal laws of the State. 5
442	442
443	443	[(l)] (M) A person issued a citation for a violation of § 5–601 of this part involving 6
444	444	the use or possession of [less than 10 grams of marijuana] A DE MINIMIS QUANTIT Y OF A 7
445	445	CONTROLLED DANGEROUS SUBSTANCE who is under the age of 18 years shall be subject 8
446	446	to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article. 9
447	447
448	448	[(m)] (N) A citation for a violation of § 5–601 of this part involving the use or 10
449	449	possession of [less than 10 grams of marijuana] A DE MINIMIS QUANTIT Y OF A 11
450	450	CONTROLLED DANGEROUS SUBSTANCE and the official record of a court regarding the 12
451	451	citation are not subject to public inspection and may not be included on the public website 13
452	452	maintained by the Maryland Judiciary if: 14
453	453
454	454	(1) the defendant has prepaid the fine; 15
455	455
456	456	(2) the defendant has pled guilty to or been found guilty of the Code 16
457	457	violation and has fully paid the fine and costs imposed for the violation; 17
458	458
459	459	(3) the defendant has received a probation before judgment and has fully 18
460	460	paid the fine and completed any terms imposed by the court; 19
461	461
462	462	(4) the case has been removed from the stet docket after the defendant fully 20
463	463	paid the fine and completed any terms imposed by the court; 21
464	464
465	465	(5) the State has entered a nolle prosequi; 22
466	466
467	467	(6) the defendant has been found not guilty of the charge; or 23
468	468
469	469	(7) the charge has been dismissed. 24
470	470
471	471	SECTION 2. AND BE IT FURTHER ENACTED, That th is Act shall take effect 25
472	472	October 1, 2022. 26
473	473
474	474
475	475