Maryland Marijuana Decriminalization Law - WTF

[somdforever]

Whether you approve of Maryland decriminalizing marijuana possesion up to 10 grams, or not, the law in itself makes absolutely no sense. Why would you decriminalize the possession of the drug, but make possession of the paraphenalia used for smoking it, a misdemeanor criminal offense? Was this one of those laws that the lawmakers didn't bother to read? I guess I just don't get it!

 

[Chris0nllyn]

Whether you approve of Maryland decriminalizing marijuana possesion up to 10 grams, or not, the law in itself makes absolutely no sense. Why would you decriminalize the possession of the drug, but make possession of the paraphenalia used for smoking it, a misdemeanor criminal offense? Was this one of those laws that the lawmakers didn't bother to read? I guess I just don't get it!

They did it on purpose.

They tried to make it look like they want to decriminalize it, but still give police the ability to arrest someone they want to.

 

[FED_UP]

:shrug:

They did it on purpose.

They tried to make it look like they want to decriminalize it, but still give police the ability to arrest someone they want to.

Well the paraphenalia can be used for other illegal substances. :shrug:

 

[itsrequired]

Whether you approve of Maryland decriminalizing marijuana possesion up to 10 grams, or not, the law in itself makes absolutely no sense. Why would you decriminalize the possession of the drug, but make possession of the paraphenalia used for smoking it, a misdemeanor criminal offense? Was this one of those laws that the lawmakers didn't bother to read? I guess I just don't get it!

You get it. The politicians didn't think it through.

 

[Pete]

Can someone explain? I heard somehting about it. So pot in now legal in MD up to 10g, but if you have a sheet of rolling paper you go to the slammer?

 

[Tech]

You get it. The politicians didn't think it through.

They thought it through, pass a feel good law but we won't let you enjoy it. Pot heads feel that they can smoke and the cops are happy because they can still lock the potheads up.

 

[Gilligan]

Can someone explain? I heard somehting about it. So pot in now legal in MD up to 10g, but if you have a sheet of rolling paper you go to the slammer?

Yep. You have to use it as a garnish on your hamburger...stuff like that.

 

[Chris0nllyn]

Can someone explain? I heard somehting about it. So pot in now legal in MD up to 10g, but if you have a sheet of rolling paper you go to the slammer?

Yea, anything less than 10 grams is basically a ticket. $100 for 1st offense and I believe it's $250, and $500 for 2nd and 3rd offenses, respectively.

Cops won't be carrying scales in their car, so if it's close, they could take you to the barracks to get an exact measurement.

Chances are, if you're not high and driving, and not a dick, you'll get a ticket and be on your way. If anything.

 

[Pete]

Yea, anything less than 10 grams is basically a ticket. $100 for 1st offense and I believe it's $250, and $500 for 2nd and 3rd offenses, respectively.

Cops won't be carrying scales in their car, so if it's close, they could take you to the barracks to get an exact measurement.

Chances are, if you're not high and driving, and not a dick, you'll get a ticket and be on your way. If anything.

So it is still illegal just not a jailable offense?

 

[PrchJrkr]

Thinking it through, it's starting to make perfect since. If you have paraphernalia on your person or in a car, it can be deduced that you may be under the influence. Circumstantial, I know, but why else would you have a way to smoke it on your person? If you just drive to your bud's house and buy a quarter ounce, stick it in your trunk or truck bed, and take it home to consume, you have no problem with Johnny Law.

I think the powers that be thought it through and decided this was a way to enforce DUI (pot). If they smell burnt weed, it's because you have a dirty bowl or you're DUI. If you have a dirty bowl on you they can surmise that you've recently used it and do a search of your vehicle.

I'm sure there will be some bad calls on this, but if you don't smoke cigarettes or drink, your since of smell is fairly acute. I seriously doubt anyone will be arrested for having papers, unless they're found during a frisk, in which case papers are probably the least of your worries.

 

[Chris0nllyn]

So it is still illegal just not a jailable offense?

Right. It's still illegal under federal law, but the state made it not a civil offense, not a criminal one.

Thinking it through, it's starting to make perfect since. If you have paraphernalia on your person or in a car, it can be deduced that you may be under the influence. Circumstantial, I know, but why else would you have a way to smoke it on your person? If you just drive to your bud's house and buy a quarter ounce and take it home to consume, you have no problem.

Except the fact that paraphernalia isn't just smoking devices.

also, based on your hypothetical, lets say you go camping, or go to a friends house and bring a device with you. You didn't smoke that day, or during the trip, but since you brought it with you, you deserve to go to jail?

IMO, there's just too many variables and too much left up to the officer. Fine in some cases, but can be bad in others.

I also think this is a short term law that will go away when it's fully decriminalized.

 

[Pete]

I guess it makes sense. Now they don't have to deal with all that troublesome court and crap. You can even show up and ask for PBJ and write a check to Project Graduation and have it thrown out. It basically makes the cash grab easier and less labor intensive.

 

[itsrequired]

They did it on purpose.

They tried to make it look like they want to decriminalize it, but still give police the ability to arrest someone they want to.

This is funny.

 

[PrchJrkr]

Right. It's still illegal under federal law, but the state made it not a civil offense, not a criminal one.



Except the fact that paraphernalia isn't just smoking devices.

also, based on your hypothetical, lets say you go camping, or go to a friends house and bring a device with you. You didn't smoke that day, or during the trip, but since you brought it with you, you deserve to go to jail?

IMO, there's just too many variables and too much left up to the officer. Fine in some cases, but can be bad in others.

I also think this is a short term law that will go away when it's fully decriminalized.

Yes, stupidity should be a misdemeanor punishable to the fullest extent of the laws in place.

 

[Chris0nllyn]

This is funny.

But true.

 

[itsrequired]

But true.

Really? Let me understand this correctly.

Originally Posted by Chris0nllyn

They did it on purpose.

They tried to make it look like they want to decriminalize it, but still give police the ability to arrest someone they want to.

Based on this quote, you believe the Maryland Legislature intentionally decriminalized a law which police officers have an abundance of arrests, so they could some how trick the citizens and arrest them on a paraphernallia charge? Really? This is what you believe to be true? LOL...you are much more of a tin hatter than I thought you were!

 

[Chris0nllyn]

Really? Let me understand this correctly.



Based on this quote, you believe the Maryland Legislature intentionally decriminalized a law which police officers have an abundance of arrests, so they could some how trick the citizens and arrest them on a paraphernallia charge? Really? This is what you believe to be true? LOL...you are much more of a tin hatter than I thought you were!

They decriminalized it based on pressure to do so. It needed to be changed, and they acknowledged the cost savings from police not having to do the leg work on arrests as well as giving the officers more time to focus on higher crimes.

What I'm saying is, the law was written to still give police the leeway to arrest someone (assuming it's not their first violation of §5–619.). Hence the reason paraphernalia was not decriminalized also. It is still a crime, and we both know that in MD, paraphernalia includes all equipment and materials used in the use, manufacture, or distribution of marijuana.

I do not believe officers are going to be arresting folks for paraphernalia, like you imply. The law says it essentially be the least of their worries.

 

[itsrequired]

I do not believe officers are going to be arresting folks for paraphernalia, like you imply. The law says it essentially be the least of their worries.

You don't know what you are talking about. The law change itself was not well thought out. They didn't leave paraphernalia as an arrestable offense purposefully, they didn't think about it. It was unintentional. The proof of that will be in this next general assembly will de-criminalize paraphernalia. Take your tin hat off and realize not everything which is done is some sort of conspiracy!

I will bet you money, there will be people arrested for paraphernallia!

 

[Chris0nllyn]

You don't know what you are talking about. The law change itself was not well thought out. They didn't leave paraphernalia as an arrestable offense purposefully, they didn't think about it. It was unintentional. The proof of that will be in this next general assembly will de-criminalize paraphernalia. Take your tin hat off and realize not everything which is done is some sort of conspiracy!

I will bet you money, there will be people arrested for paraphernallia!

Sen. Bobby Zirkin, D-Baltimore County, the bill’s chief sponsor, said he intentionally left intact the criminal penalties for having marijuana accessories. He said it could help ensure that if police see marijuana accessories in someone’s car, they still have legal grounds to search the car for items like guns and heroin.

http://www.google.com/url?sa=t&sour...aBp8iZUiCBsmKypCDsxRL1A&bvm=bv.76477589,d.eXY

I don't think its a conspiracy, just the side effects of a bad law.

 

[GWguy]

The way I heard it on the news report was that it is no longer a criminal offense to posses, but is still a criminal crime to use. Sounds like they just decided to leave the paraphernalia charge in place to cover the usage part. Can't really use unless you have tools.