Maryland 2024 Regular Session

Maryland House Bill HB1057 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	hb1057
6	6
7	7	HOUSE BILL 1057
8	8	E1, J1 4lr2054
9	9	CF 4lr3454
10	10	By: Delegate Ruth
11	11	Introduced and read first time: February 7, 2024
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Task Force to Study the Use and Possession of De Minimis Quantities of 2
19	19	Controlled Dangerous Substances 3
20	20
21	21	FOR the purpose of establishing the Task Force to Study the Use and Possession of De 4
22	22	Minimis Quantities of Controlled Dangerous Substances; and generally relating to 5
23	23	the Task Force to Study the Use and Possession of De Minimis Quantities of 6
24	24	Controlled Dangerous Substances. 7
25	25
26	26	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
27	27	That: 9
28	28
29	29	(a) There is a Task Force to Study the Use and Possession of De Minimis 10
30	30	Quantities of Controlled Dangerous Substances. 11
31	31
32	32	(b) The Task Force consists of the following members: 12
33	33
34	34	(1) one member of the Senate of Maryland, appointed by the President of 13
35	35	the Senate; 14
36	36
37	37	(2) one member of the House of Delegates, appointed by the Speaker of the 15
38	38	House; 16
39	39
40	40	(3) the Attorney General, or the Attorney General’s designee; 17
41	41
42	42	(4) the President of the Maryland State’s Attorneys’ Association, or the 18
43	43	President’s designee; 19
44	44
45	45	(5) the Secretary of Public Safety and Correctional Services, or the 20
46	46	Secretary’s designee; 21
47	47
48	48	(6) the Secretary of Juvenile Services, or the Secretary’s designee; 22 2 HOUSE BILL 1057
49	49
50	50
51	51
52	52	(7) the Secretary of Health, or the Secretary’s designee; 1
53	53
54	54	(8) the Public Defender of Maryland, or the Public Defender’s designee; 2
55	55
56	56	(9) the Superintendent of the Maryland State Police, or the 3
57	57	Superintendent’s designee; 4
58	58
59	59	(10) the Special Secretary of Opioid Response, or the Special Secretary’s 5
60	60	designee; 6
61	61
62	62	(11) the Director of the Office of Problem Solving Courts, or the Director’s 7
63	63	designee; 8
64	64
65	65	(12) the Executive Director of the Maryland Cannabis Industry Association, 9
66	66	or the Executive Director’s designee; 10
67	67
68	68	(13) the President of the Maryland Chiefs of Police Association, or the 11
69	69	President’s designee; 12
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71	71	(14) the President of the Maryland–DC Society of Addiction Medicine, or the 13
72	72	President’s designee; 14
73	73
74	74	(15) the President of the Maryland Association of Addiction Professionals, 15
75	75	or the President’s designee; and 16
76	76
77	77	(16) the following members, appointed by the Governor: 17
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79	79	(i) one representative recommended by MedChi; 18
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81	81	(ii) one representative of the Johns Hopkins University School of 19
82	82	Medicine; 20
83	83
84	84	(iii) one representative of the University of Maryland School of 21
85	85	Medicine; 22
86	86
87	87	(iv) one representative of the University of Maryland School of Public 23
88	88	Health; 24
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90	90	(v) one representative of the Johns Hopkins Bloomberg School of 25
91	91	Public Health; 26
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93	93	(vi) one representative of the Morgan State University School of 27
94	94	Community Health and Policy; 28
95	95
96	96	(vii) one representative of the University of Maryland School of Law; 29
97	97	HOUSE BILL 1057 3
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99	99
100	100	(viii) one representative of the University of Baltimore School of Law; 1
101	101
102	102	(ix) one emergency medicine physician; 2
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104	104	(x) one emergency medicine nurse; 3
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106	106	(xi) two individuals with lived experiences with substance use 4
107	107	disorders; 5
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109	109	(xii) one individual who is a family member of an individual with lived 6
110	110	experience with substance use disorders; 7
111	111
112	112	(xiii) one representative of an organization that specializes in 8
113	113	substance use disorder treatment services; 9
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115	115	(xiv) one representative of an organization that specializes in 10
116	116	community public health services; 11
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118	118	(xv) one representative of an organization that specializes in 12
119	119	community mental health services; 13
120	120
121	121	(xvi) one representative of an organization that specializes in 14
122	122	providing drug education programs; 15
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124	124	(xvii) one representative of an organization that specializes in 16
125	125	providing community legal services; 17
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127	127	(xviii) one representative of a youth–led community organization; 18
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129	129	(xix) one representative of a harm reduction organization; 19
130	130
131	131	(xx) one representative of an organization led by individuals recently 20
132	132	released from incarceration; 21
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134	134	(xxi) one representative of an organization that specializes in training 22
135	135	law enforcement; and 23
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137	137	(xxii) one representative of an organization that specializes in serving 24
138	138	individuals experiencing homelessness. 25
139	139
140	140	(c) The Governor shall designate the chair of the Task Force. 26
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142	142	(d) The Maryland Department of Health shall provide staff for the Task Force. 27
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144	144	(e) A member of the Task Force: 28
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146	146	(1) may not receive compensation as a member of the Task Force; but 29 4 HOUSE BILL 1057
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150	150	(2) is entitled to reimbursement for expenses under the Standard State 1
151	151	Travel Regulations, as provided in the State budget. 2
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153	153	(f) The Task Force shall: 3
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155	155	(1) analyze and document the relationship between drug use and crime, 4
156	156	including the financial aspects of the illegal drug trade; 5
157	157
158	158	(2) conduct a survey of research and consult with a panel of experts to 6
159	159	recommend types of controlled dangerous substances and de minimis quantity amounts 7
160	160	that should be eligible for a civil citation for use or possession; 8
161	161
162	162	(3) review and evaluate the use of dedicated drug courts in other states 9
163	163	with de minimis quantity laws and identify best practices for current drug courts in the 10
164	164	State; 11
165	165
166	166	(4) identify alternatives to criminal justice intervention if the quantity of 12
167	167	use or possession is above the de minimis amount, such as assessments of substance use or 13
168	168	mental health disorders, or referral to drug education programs; 14
169	169
170	170	(5) determine the professional requirements for providers of the drug 15
171	171	education programs under item (4) of this subsection to be eligible for such referrals; 16
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173	173	(6) investigate ways to increase the availability of the following: 17
174	174
175	175	(i) low barrier substance use disorder treatm ent that is 18
176	176	evidence–informed, trauma–informed, culturally responsive, patient–centered, and 19
177	177	nonjudgmental; 20
178	178
179	179	(ii) peer support and recovery services; 21
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181	181	(iii) transitional, supportive, and permanent housing for individuals 22
182	182	with substance use disorder; and 23
183	183
184	184	(iv) harm reduction interventions including overdose prevention 24
185	185	education, access to naloxone hydrochloride and sterile paraphernalia, other medications 25
186	186	used in addiction treatment, and overdose prevention sites; 26
187	187
188	188	(7) recommend ways to connect individuals cited for possession of de 27
189	189	minimis quantities of controlled dangerous substances to programs and services 28
190	190	investigated in item (6) of this subsection; 29
191	191
192	192	(8) identify situations in which a de minimis quantity civil offense 30
193	193	provision would not apply; 31
194	194
195	195	(9) identify fine amounts for first–time and subsequent civil offenses under 32 HOUSE BILL 1057 5
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197	197
198	198	a de minimis quantity law, and alternative provisions for individuals unable to pay fines; 1
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200	200	(10) identify ways in which youth under the age of 21 years might be treated 2
201	201	differently under a de minimis quantity law; 3
202	202
203	203	(11) identify professional training needs for criminal justice actors to 4
204	204	encourage informed and fair implementation of a de minimis quantity law and determine 5
205	205	the professional requirements of training entities to be eligible to provide the training; and 6
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207	207	(12) make any other recommendations that the Task Force considers 7
208	208	relevant regarding the implementation of a de minimis quantity law on a statewide basis. 8
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210	210	(g) On or before October 1, 2025, the Task Force shall report its findings and 9
211	211	recommendations to the Governor and, in accordance with § 2 –1257 of the State 10
212	212	Government Article, the General Assembly. 11
213	213
214	214	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall t ake effect July 12
215	215	1, 2024. It shall remain effective for a period of 2 years and, at the end of June 30, 2026, 13
216	216	this Act, with no further action required by the General Assembly, shall be abrogated and 14
217	217	of no further force and effect. 15
218	218