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MARIJUANA MOMENT
MARYLAND SENATORS TAKE UP BILLS TO LET POLICE SEARCH VEHICLES BASED ON MARIJUANA
ODOR AND PROTECT GUN RIGHTS FOR CANNABIS PATIENTS
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POLITICS
MARYLAND SENATORS TAKE UP BILLS TO LET POLICE SEARCH VEHICLES BASED ON MARIJUANA
ODOR AND PROTECT GUN RIGHTS FOR CANNABIS PATIENTS
Published
10 hours ago
on
February 5, 2024
By
Kyle Jaeger
Maryland senators took up two GOP-led marijuana bills on Friday: one that would
let police search vehicles based on the smell of cannabis and another that’s
meant to protect gun rights for medical marijuana patients.
Members of the Senate Judicial Proceedings Committee discussed the legislation
during a hearing, listening to testimony in support and opposition, but did not
vote on the proposals.
Sen. William Folden (R) is sponsoring the bill to authorize law enforcement
searches based on marijuana odor, a measure he said attempts to “correct a
wrong, an error, that the legislature made” when it passed reform legislation
that was enacted last year to specifically prevent such searches given that the
state has legalized marijuana.
Petition to decriminalize marijuana in Dallas
Petition to decriminalize marijuana in Dallas
If passed, the "Dallas Freedom Act" would also prohibit the city from allocating
any budgeted resources for THC concentration tests. The act has support from the
Dallas Democratic Party and at least one local justice of the peace.
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If the smell of cannabis is emitted from a car, that’s a “strong indicator that
person is in violation of law and potentially impaired at the time,” Folden
said, adding that “this strong odor is definitely discernible by law enforcement
and those in the community.”
Two county prosecutors also testified in favor of the measure. But drug policy
reform advocates, including ACLU of Maryland Public Policy Director Yanet
Amanuel, defended the current policy that bars police from conducting cannabis
odor-based searches.
“The proponents of SB 396 have said that banning odor stops and searches will
impede law enforcement ability to investigate incidents of impaired driving, but
that’s simply not true,” she said. “The law makes it explicit that the odor of
marijuana can be considered as part of the totality of circumstances to support
the officer’s observations of suspected impairment. The odor of marijuana simply
cannot be the sole basis for a stop to investigate driving under the influence.”
“What police do is use the alleged odor of marijuana to justify racial
profiling,” Amanuel said. “Diligent law enforcement can and should be used to
solve crime using honest-based initiatives and techniques without relying on a
potential basis such as the odor of marijuana for stopping and searching Black
and brown people.”
Last November, the Maryland legislature’s Joint Republican Caucus previewed
their push to undo the prohibition on odor-based searches, claiming the law has
put motorists at risk and taken away an important tool used by law enforcement
to seize people’s firearms.
At Friday’s hearing, members also briefly considered a separate proposal from
Sen. Mike McKay (R) that would protect the rights of registered medical cannabis
patients to buy, own and carry firearms under state law.
The issue has been raised in multiple state legislatures and federal courts in
recent years, as marijuana and gun rights advocates challenge the
constitutionality of the federal ban that currently prevents cannabis consumers
from owning firearms.
Just last month in neighboring Pennsylvania, a district attorney filed suit
against the Justice Department over the ban that he says violates the Second
Amendment rights of medical cannabis patients such as himself.
The issue was previously raised in the Maryland legislature around this time
last year, with the House Judiciary Committee holding a hearing on a separate
but related measure to ensure medical marijuana patients’ gun rights are
protected.
—
Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—
Meanwhile, overall sales of marijuana in Maryland set a new monthly record in
December, with nearly $96.5 million in combined purchases between the state’s
medical and adult-use markets, the latter which launched last July.
Lawmakers in the state are separately considering a new proposal to create a
task force to study and make specific recommendations about the best path
forward to legalize and regulate certain psychedelics.
> South Carolina Senators Fall Short Of Supermajority Vote To Advance Medical
> Marijuana Legalization Bill
Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.
Related Topics:featured
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Kyle Jaeger
Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.
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