Maryland Senate Bill SB51

Maryland 2023 Regular Session

• Introduced: 1/11/23
• Refer: 1/11/23

Caption

Criminal Procedure - Reasonable Suspicion and Probable Cause - Cannabis

Impact

If enacted, SB51 would amend the existing Maryland Code on Criminal Procedure and have significant implications for law enforcement practices regarding cannabis. By setting stricter criteria for establishing reasonable suspicion and probable cause, the bill seeks to protect citizens from unnecessary stops and searches based on insufficient evidence. This could lead to a decrease in the number of criminal charges related to cannabis possession, contributing towards a potential reevaluation of cannabis as a criminal offense and align Maryland with states moving towards greater cannabis decriminalization.

Summary

Senate Bill 51 (SB51) pertains to criminal procedure and addresses the standards of reasonable suspicion and probable cause in relation to cannabis. The bill stipulates that a determination of reasonable suspicion or probable cause for possession of contraband cannot rely solely on evidence such as the odor of cannabis, mere possession, or the presence of cash near cannabis. It aims to reduce the likelihood of unjust searches based on these factors, which have been criticized for leading to potential civil rights violations. This legislative move reflects a growing trend to reform cannabis-related laws to better protect individuals from baseless legal incursions.

Contention

The bill has raised discussions among legislators on both sides regarding the balance between effective law enforcement and civil liberties. Proponents argue that it is a necessary step to prevent discriminatory policing and that it acknowledges the changing societal perspectives on cannabis. Conversely, opponents express concerns that removing the odor of cannabis as a basis for reasonable suspicion might hinder law enforcement's ability to effectively manage drug-related activities, especially in cases involving impaired driving. The ongoing dialogue surrounding SB51 reflects broader national conversations about cannabis reform and its implications for criminal justice.