Bill to decriminalize possession of small amounts of marijuana clears House
Bill would eliminate criminal charges, reduce severity of offense
UPDATED 11:24 PM EDT Apr 05, 2014
Last-minute action passes Saturday session
Legislators brought a bill back to life Saturday, making possession of marijuana a civil offense. The Maryland House of Delegates has approved a bill that would decriminalize possession of small amounts of marijuana.
The House voted 78-55 on Saturday for the bill. The bill would eliminate criminal charges for possessing small amounts of marijuana and reduce the offense to the severity of a traffic violation.
Earlier Saturday, the House Judiciary Committee voted 13-8 to send to the House floor a compromise version of the Senate's plan, reversing course, striking language that had turned a bill decriminalizing marijuana into a two-year study back to making possessing 10 grams or less a civil rather than a criminal offense.
The Senate has already approved a similar measure, but changes made by the House will require Senate approval to pass the bill before the legislative session ends midnight Monday.
Delegate Keiffer Mitchell, D-Baltimore City, led the charge. He first tried to change the study bill on the House floor, then ultimately convinced House Judiciary Committee Chairman Joe Vallario to allow a full House vote after a frank, private discussion.
"(If you're) 21 years old and under, you have to go to court on the first offense, but they still have a civil penalty. And then you have, on the second offense, the adults 21 and over, you have a civil fine but also they have to go to court. Third offense, you have to go to court and a judge can recommend drug treatment," Mitchell said.
Fines for a second offense go up from the initial $100 civil fine to $250. Third and subsequent offenders pay $500. The House version also mandates drug treatment and education for offenders under age 21.
The revised bill does not impact search and seizure laws.
"Police need to retain the ability to search vehicles regardless of whether the substance we declare today is a moral or immoral thing to do," said Delegate Jeffrey Waldstreicher, D-Montgomery County.
Delgate Heather Mizeur, D-Montgomery County, also worked tirelessly behind the scenes.
"We're now standing in a place where we may have just likely snagged victory from the jaws of defeat and it's feeling pretty good," Mizeur said.
Nina Smith, a spokeswoman for Gov. Martin O'Malley, says the Democratic governor will review the bill if it passes the General Assembly. O'Malley, a former Baltimore mayor, has expressed wariness about decriminalizing marijuana in the past.
Read more:http://www.wbaltv.com/politics/bill-to-decriminalize-possession-of-small-amounts-of-marijuana-clears-committee/25341840#ixzz2y8AmR1sY
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