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New marijuana law goes into effect on Oct 1st

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  • New marijuana law goes into effect on Oct 1st

    I have known that the law was changed for quite some time now, but have finally been informed of the way to charge under the new law and of the penalties. The penalty first time offense of possession of ten grams or less carries a $100.00 fine, should the defendant waive their right to a trial it is $50.00 prepayable. Second offense is $250/125 prepayable and a third is $500.00 and is must appear. Charging is on an Adult Civil Violation (DC-28). I find it amusing that prepayable fine for a 1st time offender is the same as the fine for such egregiuos traffic violations as Failure to Display License on Demand and less than it is for Failure to Attatch Plates at Front & Rear ($70.00).
    Errare humanum est, sed perseverare diabolicum
    To err is human, but to persist is diabolical

  • #2
    There is going to be a lot of case law coming out of this and it's likely not going to be favorably unless they re-write it and put some teeth into it.

    I won't go into detail on a public forum but our Legal Department more or less said "who knows and good luck" on some of the more intricate questions that we asked about enforcement.

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    • #3
      Sounds like it's just decriminalized. What's the fine for open container? That might put it in context.

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      • #4
        Thats exactly what it is, decriminalized just like open container. I dont recall the fine for open container as I dont write it all that often. I just found it funny that what could get you jail time now carries the same fine as very minor traffic offenses. Parking in a fire lane or a Handicap spot is much more expensive. It will be interesting to see what case law this generates though.
        Errare humanum est, sed perseverare diabolicum
        To err is human, but to persist is diabolical

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        • #5
          Open container I believe is a criminal charge still in MD.

          The big civil charges to compare it to is under 21 in possession of alcohol. But at least that has a stipulation in it if you fail to ID yourself you can be arrested.

          There is no charge wording in the marijuana law. Also using physical force to recover weed less then ten grams is a gray area.

          Really the only saving grace is Zirkin who wrote or sponsored the law stated he intentionally left paraphernalia as a criminal charge. But I'm sure next year that will be addressed.

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          • #6
            Possession of less than 100 grams has never been an arrestable offense in Ohio--just a citation with a mail in bond. The penalty doesn't go up regardless of the number of citations received. I can see how it is going to change the way you do business.

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            • #7
              So much for the odor of marijuana being probable cause to conduct a search.

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              • #8
                (message deleted)
                Last edited by triniboy05; 11-29-2019, 11:44 PM.
                God never promised that it would be easy, just that he would be there with you every step of the way.

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                • #9
                  Originally posted by triniboy05 View Post
                  I don't see the decriminalization of under 10g effecting the PC to search.

                  An officer doesn't know if what he smells is more or less than 10g.
                  We were told differently.

                  The real only saving grace is until next year you have para. being criminal so while everyone is out there trying to figure this stuff out there shouldn't be anything not covered under poss. of para.
                  Last edited by Name Taken; 09-28-2014, 04:08 PM.

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                  • #10
                    (message deleted)
                    Last edited by triniboy05; 11-29-2019, 11:44 PM.
                    God never promised that it would be easy, just that he would be there with you every step of the way.

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                    • #11
                      Originally posted by Thedoughboy111 View Post
                      So much for the odor of marijuana being probable cause to conduct a search.
                      It shouldn't have any effect on your ability to search; we do it all of the time. Case law doesn't require a known amount. The act itself is punishable by law and the oder is enough to get you in the car.

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                      • #12
                        Originally posted by just joe View Post
                        It shouldn't have any effect on your ability to search; we do it all of the time. Case law doesn't require a known amount. The act itself is punishable by law and the oder is enough to get you in the car.
                        You're right - for the next two days. Prior to 10/1 possession of marijuana in any amount is a crime. After 10/1 possession of marijuana less than 10 grams is no longer a crime but rather a civil offense. Probable cause to believe that a civil offense has been committed does not grant authority to search. Try articulating that you could tell from the odor that more than 10 grams was present. At this point they might as well just legalize marijuana and allow it to be sold in liquor stores.

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                        • #13
                          Originally posted by Name Taken View Post
                          We were told differently.
                          .
                          As we have been as well. For all intents and purposes, marijuana enforcement is over. The People of Maryland have spoken. Heaven forbid you try to cite someone for smoking a blunt and they become violent. Try explaining having to put someone in the hospital over a citation that isn't even a mandatory appearance in the environment that currently exists. Justified or not the department and the media will likely come down on you like a ton of bricks. God forbid you use your taser and the subject has a heart attack and dies. It's not worth it.

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                          • #14
                            It was best described to me as this....we are a 3 party system and the other parties have said we don't care. If you continue to push they issue they will push back.

                            It's as simple as that really. You will likely be okay because poss. para is still criminal so you have an offense (for now) but several S/A offices have said they don't want to see it as a work around.

                            I don't think we will get arrests back but maybe next year they will at least write something workable where you can actually require someone to ID themselves or be arrested. And actually create a database where these citations will be tracked so you can actually charge someone with 2nd and 3rd offense. As of now you can't.

                            Are you still good seizing large amounts of currency for a small amount of weed? The list of questions go on and on.

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                            • #15
                              Originally posted by triniboy05 View Post
                              Interesting. I'll choose to plead ignorance and just go about my business as I always do until they decide to actually create some uniformity and clarity with all of this stuff.
                              Your department hasn't provided guidance on this?

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