Maryland 2023 Regular Session

Maryland House Bill HB280

Introduced
1/25/23  

Caption

Criminal Law - Cannabis-Related Offenses - Civil Penalties

Impact

This legislation represents a significant shift in how cannabis-related offenses are dealt with in Maryland. By replacing criminal penalties with civil consequences, the bill aims to alleviate the burden on the justice system and reduce the number of individuals with criminal records for minor cannabis offenses. The approach could also lead to a reduction in incarceration rates related to minor drug offenses, reflecting a broader trend toward legalization and decriminalization of cannabis across the United States.

Summary

House Bill 280, introduced in Maryland, addresses cannabis-related offenses by replacing criminal penalties with civil penalties for certain violations, particularly those involving possession, possession with intent to distribute, and cultivation of cannabis. The bill clarifies that individuals aged 21 and over may possess up to 1.5 ounces of cannabis as a personal use amount without incurring criminal charges. Offenses exceeding the personal use threshold will be treated as civil violations rather than criminal offenses, subjecting offenders to fines instead of jail time.

Contention

Despite its intended benefits, some concerns remain regarding the enforcement of the bill and its potential implications. Critics highlight risks related to the normalization of cannabis use among youth and the challenge of ensuring that legal guidelines do not encourage misuse. Additionally, there are discussions about the specific penalties established for violations, including the option for community service instead of fines. The bill’s effectiveness and societal impact will likely be scrutinized as it is implemented.

Companion Bills

MD SB73

Crossfiled Criminal Law - Cannabis-Related Offenses - Civil Penalties

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