States that have both a medical marijuana law and have removed jail time for possessing small amounts of marijuana
Last update: April 11, 2022
Maryland voters will decide on legalization in November!
On Friday, April 1, 2022, the legislature approved HB 1 — which will refer the question of legalization to voters on the November ballot.
On Friday, April 8, 2022, Gov. Hogan let HB 837 — legislation that would take effect if voters approve legalization — become law without his signature. If voters approve HB 1 on the ballot, HB 837 would allow residents 21 and older to legally possess up to 1.5 ounces and cultivate up to two plants beginning July 1, 2023. The bills also include limited expungement, funding for minority- and women-owned businesses, and a community reinvestment and repair fund.
Legislature overrides governor's veto to shield past cannabis convictions
Just before the legislature adjourned its shortened 2020 session, lawmakers approved a bill — HB 83 — that would automatically shield past cannabis charges occurring before October 1, 2014 in which possession was the only charge in the case. Sadly, Gov. Larry Hogan vetoed the legislation.
However, the legislature overrode Gov. Hogan’s veto during the 2021 session, and the bill became law on February 12, 2021.
HB 83 will shield nearly 200,000 past cannabis possession charges from public view on the Judiciary’s “Case Search” website. Unfortunately, this is not a full record expungement. Full record expungement of marijuana possession is available by application after four years. You can find more information on expungement here.
Gov. Hogan allows improvements to medical cannabis program to become law without his signature
On May 7, 2020, Gov. Hogan allowed HB 617/ SB 604, “Connor and Raina’s Law,” to become law without his signature. The bill allows for the administration of medical cannabis to students who are qualifying patients during school hours and school-sponsored events.
In other news, a bill that allows physician assistants to be certifying providers also became law without the governor’s signature. The new law went into effect on October 1, 2020.
Baltimore City State’s Attorney’s Office will no longer prosecute marijuana possession
In late January 2019, Baltimore City State's Attorney Marilyn Mosby announced that her office would no longer prosecute marijuana possession, regardless of the amount or criminal history. In Baltimore City, arrests for marijuana possession — almost entirely and disproportionately African American Baltimoreans — have continued even post-decriminalization in 2014.
MPP’s Olivia Naugle (left) joins State’s Attorney Marilyn Mosby as she announces the non-prosecution policy.
Photo credit: Image from video posted to The Baltimore Sun.
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