Maryland's New Pot Law Falls Short on Liberty

Jeff Siegel

Posted October 2, 2014

MDpotPot smokers in Maryland have come out in droves to support the Free State’s new marijuana decriminalization law which went into effect on October 1.

Senate Bill 364 was just passed, and now the penalty for possession of up to 10 grams of pot will be considered a civil offense instead of a criminal one. So basically, instead of getting arrested for a ridiculously small amount of weed, you’ll get a fine.

While plenty of folks around here seem to be pretty excited about the new law, I’m calling bullshit on it.

Under the new law, offenders will be issued a $100 fine for the first offense. For a second offense, the fine heads up to $250, then $500 for a third offense.

Also worth noting is that the new law does not decriminalize the possession of pipes, vaporizers, rolling papers or other paraphernalia. So basically, you can’t be arrested for having less than 10 grams of pot, but if you happen to have a small pipe or rolling papers, you could be arrested. And chances are, if you have even a small amount on you, you’re probably going to have something in which to smoke it.

When did we start using the metric system?

An interesting observation to all of this, for me anyway, is when did we start using the metric system for marijuana? When I was a kid, we conducted business in ounces, not grams.

All joking aside, the question still remains, how does a police office determine if the amount in question is less than 10 grams?

According to law enforcement representatives, police officers will use their own judgment based on training they’ve received. I’m not saying all police officers lack good judgment, but it seems that there are quite a few that do. Particularly in the case of whether or not shoot or taser someone who is of no real threat.

I suppose it would be a bit ridiculous if police officers were forced to carry around small scales. However, the shady part about all of this is that if a police officer suspects the amount in question is more than 10 grams, he can take the offender in custody. Later, if it is determined that the amount in question is less than 10 grams, the offender will be released, along with a $100 citation.

In other words, “Oops. My fault. Sorry you had to spend the last few hours in handcuffs”

Of course, I suspect there are plenty of police officers that are more than happy to avoid getting bogged down in nonsensical paperwork just to incarcerate someone over a small amount of pot. Still, it seems to me that there are a lot of slippery slopes here.

Moreover, despite the fact that less than 10 grams will no longer get you jail time, it’s still absolutely ridiculous that you have to pay $100 or more if you get caught doing something that’s less harmful than alcohol and cigarettes.

As well, the new law doesn’t decriminalize the growing of marijuana. So if I want to grow a few plants at home in an effort to ensure access to organic marijuana, I can be arrested.

Little has changed, dear reader. The fact that you can be arrested for growing a harmless plant in the privacy of your own home or having a pack of rolling papers in your pocket means that this new law is little more than an empty offering for those who want the government to mind its own business and let adults medicate and recreate on their own terms. And it’s certainly nothing worth cheering about.

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