Maryland 2024 Regular Session

Maryland House Bill HB441

Introduced
1/22/24  

Caption

Criminal Law - Cannabis-Related Offenses - Civil Penalties

Impact

The impact of HB 441 on state laws is substantial, as it aims to alleviate the burden of criminal charges on individuals for minor cannabis-related offenses. By reducing certain violations to civil offenses, the legislation intends to decrease the strain on the criminal justice system and prevent the imposition of criminal records on otherwise law-abiding citizens. This act will also empower law enforcement to issue civil citations for violations rather than pursuing criminal charges, which could lead to reduced incarceration rates for non-violent drug offenses.

Summary

House Bill 441 proposes to revise the legal framework surrounding cannabis-related offenses in Maryland by replacing criminal penalties with civil penalties for certain violations. This legislative shift focuses on offenses such as possessing cannabis, possessing with intent to distribute, and cultivating cannabis. Notably, the bill establishes that possessing amounts of cannabis deemed personal use will no longer incur criminal charges but instead may result in civil penalties, reflecting a significant shift towards the decriminalization of cannabis in the state.

Contention

Throughout the discussions surrounding HB 441, notable points of contention arose primarily centered on the implications of decriminalizing cannabis use. Supporters argue that the bill represents a progressive step towards recognizing cannabis use as a public health issue rather than a criminal one. Conversely, opponents express concern regarding potential public safety issues and the broader implications for substance abuse. Furthermore, there are worries regarding the potential for increased cannabis use among younger populations, given the relaxed penalties and the civil nature of the violations.

Companion Bills

MD SB619

Crossfiled Criminal Law - Cannabis-Related Offenses - Civil Penalties

MD HB280

Carry Over Criminal Law - Cannabis-Related Offenses - Civil Penalties

Previously Filed As

MD SB73

Criminal Law - Cannabis-Related Offenses - Civil Penalties

MD HB280

Criminal Law - Cannabis-Related Offenses - Civil Penalties

MD HB927

Criminal Law - Use or Possession of a Controlled Dangerous Substance - De Minimis Quantity

MD HB506

Criminal Law - Manufacturing of Controlled Dangerous Substances - Cannabis Products and Concentrated Cannabis

MD HB855

Criminal Law - Cannabis Limits

MD HB135

Criminal Law - Controlled Dangerous Substances and Firearms

MD HB1071

Criminal Law and Procedure - Cannabis - Fines for Smoking in Public, Stops, and Searches

MD SB946

Controlled Dangerous Substances - Volume Dealers and Drug Kingpins - Cannabis

MD SB570

Criminal Law – Offenses Related to Methamphetamine – Penalty

MD HB952

Crimes – Firearms – Penalties and Procedures (Violent Firearms Offender Act of 2023)

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