Drug policy of Maryland

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The U.S. state of Maryland has various policies regarding the production, sale, and use of different classes and kinds of drugs.

Contents

Specific drugs

Alcohol

As of July 2011, the sales tax for purchasing alcohol in Maryland is 9 percent. [1] According to former Governor Martin O'Malley, the tax increase is intended to raise $85 million for state programs.

Businesses that operate in the state of Maryland have certain requirements if they serve alcohol. Any employee that handles alcohol must be at least 18 years of age. [2] Bartenders and restaurant servers also have the responsibility of monitoring their customers' alcohol consumption in order to help prevent drunk driving. If the bartender or server is shown to have known and purposefully neglected this responsibility, the employee can be held criminally responsible. They are also required to verify the age of those purchasing alcohol, to ensure consumers are of the legal age. As of right now, the minimum legal age to purchase alcohol in Maryland is 21.

It is against the law to misrepresent one's age by using another's identification or a fake identification. The penalties for this include: [3]

If the violator is under the age of 18, she or he may be required to attend a supervised work or alcohol rehabilitation program, and the violator's guardian(s) may be asked to withdraw consent for the violator to hold a license.

Drinking and Driving

When a prospective driver is given a license in the state of Maryland, she/he is required to sign an agreement to submit to a blood alcohol test if asked by a police officer. Refusal to take the test results in a 120-day suspension of the offender's license. If the offender is detained a second time, and again refuses to take a blood alcohol test, an automatic one-year suspension of the offender's license goes into effect. [3]

Driving drunk is punished with fines, license suspension, and jail time. The penalties vary depending on the circumstances.

If the offender is under the age of 21 and shown to have a blood alcohol level of 0.02% or higher, the offender's license may be revoked or suspended and the offender may face a fine of up to $500. [3]

The legal blood alcohol content limit for anyone over the age of 21 is 0.08%, in which case the driver may be charged with a DWI (driving while intoxicated). If the offender is driving with a blood alcohol content of 0.04-0.08%, she/he can be cited for driving under the influence. [3] If the offender is considered to be intoxicated, the penalties are as follows: [3]

  • a 45-day license suspension for the first offense
  • a 90-day license suspension for the second offense
  • loss of driving privileges

If the offender is transporting a minor at the time, the offender may face a fine of up to $4,000 and a prison sentence of up to four years. [3]

If the offender is a first-time offender, or has not had any convictions of DUI/DWI in the past ten years, then the offender can plead for Probation Before Judgement (PBJ). [4] PBJ is pleading "not guilty" with intention that the offender gets placed on probation before they have been found guilty of the crime they have been charged for. This prevents the charge on the individuals record in compliance that the violation never occurs again, and that their record will maintain being charge-free.

Cannabis

A medical necessity defense is available for medical cannabis cases under a law passed in 2003. [5] The state has some mandatory minimum sentences in place. Currently, the state permits a defendant to prove that she/he is using cannabis for medical reasons, in which case there is a maximum penalty of $100. [6]

However, there is discussion to change the current Maryland law to permit medical cannabis possession and use after filing an application. [7] Democratic Governor Martin O'Malley says that he will veto the bill if it is passed in the legislature. O'Malley is said to take this position because he fears that, due to the current federal law prohibiting all possession and use of marijuana, state employees involved in its processing might be subject to arrests. [7] [ needs update ]

Cocaine

In the last decade, cocaine has been making a comeback in Maryland. Between 2008 and 2013, the number of cocaine-related deaths in Maryland remained constant. Between 2015 and 2016, the number of cocaine-related deaths increased 110%, it then increased 49% between 2016 and 2017, and finally by 29% between 2017 and 2018. The increase in cocaine-related deaths is largely attributed to cocaine usage in combination with opioids. In 2018, 82% of cocaine-related deaths occurred in combination with fentanyl. [8] Nearly 900 people have died from cocaine related overdoses in Maryland in 2018. Of these, 423 deaths have occurred in Baltimore. Despite only accounting for 10% of Maryland’s population, Baltimore accounts for nearly half of cocaine related deaths. [9]

The sale, distribution and production of cocaine, is illegal and is considered felonies in every state. Possession of small amounts of cocaine can lead to serious penalties. Additionally, there is an increase in severity and punishment depending on whether the defendant has prior drug convictions and depending the quantity of drugs involved. [10]

The table below outlines the charges and penalties under Maryland's cocaine laws. [11]

Code SectionArt. 27 §§276, et seq
PossessionMisdemeanor with penalty of up to 4 yrs. and/or $25,000; Bringing 28 g. into state: felony with penalty of up to $50,000 and/or 25 yrs.; Subsequent offense: double penalties
DistributionFelony with penalty of 20 yrs. and/or $25,000; Sale of more than 448 g. or 50 g. of crack: not less than 40 yrs.; Subsequent offense: double penalties; 2 yrs. mandatory, not less than 10 yr. sentence; Third offense: not less than 40 yrs. Sale to minors or near school property: stricter penalties
TraffickingIf "drug kingpin" 20-40 yrs. and/or $1,000,000 fine

However, these penalties may not be applied to all offenders as prosecutors can offer plea bargains in exchange for helping to build a case against those higher up the chain such as producers and dealers. Furthermore, first-time or second-time offenders may be offered time spent in rehabilitation rather than in jail. [12]

Additionally, violating Maryland’s controlled dangerous substances laws as a first time offender allows the individual to qualify pleading Probation Before Judgement. Utilizing this statute is pleading not guilty and for probation before the charged crime is to be found guilty. There are guidelines to whom this applies to and any individual who has two or subsequent violations of Maryland’s controlled dangerous substances laws are not eligible. [13]

See also

Related Research Articles

Drunk driving is the act of operating a motor vehicle with the operator's ability to do so impaired as a result of alcohol consumption, or with a blood alcohol level in excess of the legal limit. For drivers 21 years or older, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. For drivers under 21 years old, the legal limit is lower, with state limits ranging from 0.00 to 0.02. Lower BAC limits apply when operating boats, airplanes, or commercial vehicles. Among other names, the criminal offense of drunk driving may be called driving under the influence (DUI), driving while intoxicated or impaired (DWI), operating [a] vehicle under the influence of alcohol (OVI), or operating while impaired (OWI).

<span class="mw-page-title-main">Driving under the influence</span> Driving a motor vehicle while under the influence of an impairing substance

Driving under the influence (DUI) is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs, to a level that renders the driver incapable of operating a motor vehicle safely. Multiple other terms are used for the offense in various jurisdictions.

<span class="mw-page-title-main">Marijuana Policy Project</span> American organization

The Marijuana Policy Project (MPP) is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff.

DWI courts are a form of court that exists in some United States legal jurisdictions, that use substance-abuse interventions and treatment with defendants who plead guilty of driving while intoxicated or impaired. DUI courts may focus on repeat offenders and drivers with very high levels of blood alcohol at the time of the offense. As of December 2011, there were approximately 192 designated DUI courts in the United States, and approximately 406 drug courts that also accept DUI offenders.

Many countries have adopted a penalty point or demerit point system under which a person’s driving license is revoked or suspended based on the number of points they’ve accumulated over a specific period of time, points are given for traffic offenses or infringements committed by them in that period. The demerit points schemes of each jurisdiction varies. These demerit schemes are usually in addition to fines or other penalties which may be imposed for a particular offence or infringement, or after a prescribed number of points have been accumulated.

<span class="mw-page-title-main">Legalization of non-medical cannabis in the United States</span> Legalization of marijuana in the United States

In the United States, the non-medical use of cannabis is legalized in 23 states and decriminalized in 8 states, as of May 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.

<span class="mw-page-title-main">Federal drug policy of the United States</span> Nationwide framework regarding the abuse of drugs in the United States

The drug policy in the United States is the activity of the federal government relating to the regulation of drugs. Starting in the early 1900s the United States government began enforcing drug policies. These policies criminalized drugs such as opium, morphine, heroine, and cocaine outside of medical use. The drug policies put into place are enforced by the Food and Drug Administration and the Drug Enforcement Administration. Classification of Drugs are defined and enforced using the Controlled Substance Act, which lists different drugs into their respective substances based on its potential of abuse and potential for medical use. Four different categories of drugs are Alcohol, Cannabis, Opioids, and Stimulants.

<span class="mw-page-title-main">Drug liberalization</span> Process of reducing drug prohibition laws

Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include: drug legalization, drug re-legalization and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.

<span class="mw-page-title-main">Drug policy of California</span> Overview of the drug policy of the U.S. state of California

Drug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state of California. Cannabis possession has been legalized with the Adult Use of Marijuana Act, passed in November 2016, with recreational sales starting January of the next year. With respect to many controlled substances, terms such as illegal and prohibited do not include their authorized possession or sale as laid out by applicable laws.

Impaired driving is the term used in Canada to describe the criminal offence of operating, having care or the control of a motor vehicle while the person's ability to operate the motor vehicle is impaired by alcohol or a drug. Impaired driving is punishable under multiple offences in the Criminal Code, with greater penalties depending on the harm caused by the impaired driving. It can also result in various types of driver's licence suspensions.

The laws of driving under the influence vary between countries. One difference is the acceptable limit of blood alcohol content before a person is charged with a crime.

<span class="mw-page-title-main">Cannabis in Colorado</span> Overview of the use and culture of cannabis in Colorado, U.S.

In Colorado, cannabis has been legal for medical use since 2000 and for recreational use since late 2012. On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in the state for approved patients with written medical consent. Under this law, patients may possess up to 2 ounces (57 g) of medical marijuana and may cultivate no more than six marijuana plants. Patients who were caught with more than this in their possession could argue "affirmative defense of medical necessity" but were not protected under state law with the rights of those who stayed within the guidelines set forth by the state. The Colorado Amendment 64, which was passed by voters on November 6, 2012, led to recreational legalization in December 2012 and state-licensed retail sales in January 2014. The policy has led to cannabis tourism. There are two sets of policies in Colorado relating to cannabis use: those for medicinal cannabis and for recreational drug use along with a third set of rules governing hemp.

<span class="mw-page-title-main">Drug-impaired driving</span> Driving a motor vehicle while under the influence of an impairing substance

Drug-impaired driving, in the context of its legal definition, is the act of driving a motor vehicle while under the influence of an impairing substance. DUID, or Driving Under the Influence of Drugs, is prohibited in many countries. Several American states and European countries now have "per se" DUID laws that presume a driver is impaired if they are found to have any detectable quantity of controlled substances in their body while operating an automobile and that the driver has no doctor's prescription for the substance. This is similar to the "per se" DUI/DWI laws that presume a driver is impaired when their blood alcohol content is above a certain level. There is some controversy with "per se" DUID laws in that a driver with any detectable quantity of controlled substances may not in fact be impaired and the detectable quantity in blood or sweat may be only the remnants of drug use in days or weeks past. It is against road traffic safety. Research on factors associated with engaging in DUID is receiving increasing attention to develop more effective countermeasures.

<span class="mw-page-title-main">Cannabis in Alabama</span> Legality, use and culture of cannabis in the U.S. state of Alabama

Cannabis in Alabama is illegal for recreational use. First-time possession of personal amounts is a misdemeanor, punishable by up to a year in prison, a fine of up to $6000, and a mandatory six months driver's license suspension. Repeat offenses and possession with intent to sell are felonies.

<span class="mw-page-title-main">Cannabis in Oklahoma</span> Legality, use and culture of cannabis in the U.S. state of Oklahoma

Cannabis in Oklahoma is illegal for recreational use, but legal for medical use with a state-issued license, while CBD oil derived from industrial hemp is legal without a license.

<span class="mw-page-title-main">Drug policy of Michigan</span> Overview of the drug policy of the U.S. state of Michigan

The U.S. state of Michigan has various policies restricting the production, sale, and use of different controlled substances. Some of the policies are unique to the state while others are similar to federal law. Laws pertaining to controlled substances can be found almost exclusively in various sections of public health code, specifically Act 368 of 1978.

Driving under the influence (DUI) occurs when a person operates a motor vehicle while under the influence of drugs or alcohol, or when the driver has a blood alcohol level of 0.08 or greater. Minors and young adults aged 18–20 can be charged with impaired driving based on blood alcohol levels of 0.01 or higher, and CDL license holders can be charged based upon blood alcohol levels of 0.04 or higher.

<span class="mw-page-title-main">Cannabis in Maryland</span> Legality, use and culture of medical and recreational cannabis in Maryland

Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.

<span class="mw-page-title-main">Cannabis in Ohio</span> Legality, use and culture of cannabis in the U.S. state of Ohio

Cannabis in Ohio is legal for medical use and illegal for recreational use. Since 1975, possession of up to 100 grams has been decriminalized, with several of the state's major cities having enacted further reforms. Medical use was legalized in 2016 through a bill passed by the state legislature.

<span class="mw-page-title-main">Cannabis and impaired driving</span> Overview of the relationship between the use of Cannabis and impaired driving ability

Two main questions arise in the law surrounding driving after having ingested cannabis: (1) whether cannabis actually impairs driving ability, and (2) whether the common practice of testing for THC is a reliable means to measure impairment. On the first question, studies are mixed. Several recent, extensive studies–including one conducted by the National Highway Traffic Safety Administration and one conducted by the American Automobile Association (AAA)–show that drivers with detectable THC in their blood are no more likely to cause car crashes than drivers with no amount of THC in their blood. Others show that cannabis can impair certain abilities important to safe driving –but no studies have been able to show that this increases the actual risk of crashing, or that drivers with THC in their blood cause a disproportionate number of crashes. On the second question, the studies that have been conducted so far have consistently found that THC blood levels and degree of impairment are not closely related. No known relationship between blood levels of THC and increased relative crash risk, or THC blood levels and level of driving impairment, has been shown by single-crash or classic-control studies. Thus, even though it is possible that cannabis impairs driving ability to some extent, there are currently no reliable means to test or measure whether a driver was actually impaired.

References

  1. ↑ Nathans, Aaron (July 10, 2011). "Del. package stores hope to benefit from Md. tax". delawareonline.com. Archived from the original on 21 August 2012. Retrieved 16 March 2012.
  2. ↑ "Employment of Minors Fact Sheet". State of Maryland - Division of Labor and Industry. Archived from the original on 14 March 2012. Retrieved 16 March 2012.
  3. 1 2 3 4 5 6 "Diver-Services". MVA. Retrieved 16 March 2012.
  4. ↑ "Maryland Criminal Procedure Section 6-220". Justia Law. Retrieved 2020-03-14.
  5. ↑ "Drug Policy Alliance: Reform in Maryland: Promoting Effective Public Health and Public Safety Strategies". Archived from the original on 2008-01-02.
  6. ↑ "Maryland Medical Marijuana". 22 May 2003. Retrieved 15 March 2012.
  7. 1 2 "O'Malley opposes Md. medical marijuana legislation out of concern of federal legal landscape". The Washington Post. March 9, 2012. Retrieved 15 March 2012.[ dead link ]
  8. ↑ "Unintentional Drug- and Alcohol-Related Intoxication Deaths in Maryland, 2018" (PDF). Maryland Department of Health. Retrieved 13 March 2020.
  9. ↑ Round, Ian (Sep 15, 2019). "Annual cocaine overdose deaths on rise in Maryland". Capital Gazette. Retrieved 13 March 2020.
  10. ↑ "Maryland Cocaine Laws". FindLaw. Retrieved 13 March 2020.
  11. ↑ "Maryland Cocaine Laws". FindLaw. Retrieved 13 March 2020.
  12. ↑ "Maryland Sale of a Controlled Substance Laws" (PDF). Washington Adventist University. Retrieved 13 March 2020.
  13. ↑ "Probation Before Judgment in Maryland DUI | PBJ Cases". Maryland Criminal Lawyer | Criminal Defense Group In MD. Retrieved 2020-03-14.
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