Maryland 2023 Regular Session

Maryland House Bill HB173

Introduced
1/18/23  
Refer
1/18/23  
Report Pass
2/27/23  
Engrossed
3/2/23  

Caption

Drug Paraphernalia for Administration - Decriminalization

Impact

The enactment of HB173 would significantly impact Maryland's criminal laws related to drug offenses by removing penalties associated with the possession of certain paraphernalia. Specifically, the changes would lead to lesser penalties for first-time offenses, moving the maximum imprisonment time from two years to one year and reducing the fines significantly. This aligns with a growing trend across the country to manage drug-related issues through health-focused policies, rather than through punitive measures. The bill's intent is to reduce the stigma associated with drug use and encourage individuals to seek help without fear of legal repercussions.

Summary

House Bill 173 seeks to decriminalize the possession and use of drug paraphernalia for the administration of controlled substances in Maryland. The bill repeals previous laws that prohibited individuals from possessing paraphernalia intended for injecting, ingesting, or inhaling controlled substances. By doing so, it aims to shift the law's focus from criminalizing individuals to addressing addiction as a public health issue. The bill introduces amendments to the definition of 'controlled paraphernalia' and modifies the existing penalties associated with violations, which reflects a more lenient approach towards individuals struggling with substance use disorders.

Sentiment

The sentiment around HB173 is generally positive among advocates for drug reform and public health officials, who view it as a necessary step towards more compassionate and effective drug policies. Supporters argue that decriminalization could lead to better treatment options and ultimately lower overdose rates. However, there are concerns expressed by some law enforcement agencies and community members about the implications of reducing penalties for drug paraphernalia possession. Critics argue that it may inadvertently facilitate drug use and present safety risks in communities if not counterbalanced by adequate support systems.

Contention

Key points of contention regarding HB173 revolve around public safety and community impacts. Opponents argue that decriminalizing drug paraphernalia might lead to increased drug use and related crime, while proponents maintain that addressing the root cause of addiction through public health initiatives is a more effective strategy. The legislative discussions highlighted the tension between treating substance use as a criminal issue versus a health crisis, with notable voices on both sides presenting valid concerns about potential societal repercussions.

Companion Bills

MD SB762

Crossfiled Drug Paraphernalia for Administration - Decriminalization

MD HB481

Carry Over Drug Paraphernalia for Administration - Decriminalization

Similar Bills

CA AB1598

Controlled substances: paraphernalia: controlled substance testing.

CA AB2136

Controlled substances: analyzing and testing.

CA SB250

Controlled substances: punishment.

VA HB2319

Drug and controlled paraphernalia; creates exception for drug checking products.

MD SB509

Drug Paraphernalia for Administration - Decriminalization

MD HB481

Drug Paraphernalia for Administration - Decriminalization

CA SB6

Controlled substances: xylazine.