Maryland elections officers have finalized the language for a marijuana legalization referendum that may seem on the November poll, and have issued a proper abstract of the reform proposal.
The legislature accredited two hashish measures in April—one to place the query of legalization to voters as a constitutional modification on the poll and a complementary measure that may lay out the implementation framework if voters approve the initiative.
The poll invoice didn’t require motion from Gov. Larry Hogan (R). He let the opposite measure take impact with out his signature.
Final week, Maryland Secretary of State John Wobensmith (R) licensed the ultimate text of the hashish measure, designated as Query 4, that may go earlier than voters:
“Do you like the legalization of the usage of hashish by a person who’s not less than 21 years of age on or after July 1, 2023, within the State of Maryland?”
Whereas the query itself is pretty easy, the legislature’s non-partisan Division of Legislative Providers additionally lately printed a abstract of every of the questions that may seem on the poll, together with the hashish measure. It offers context to the proposed reform and describes its relationship to the separate implementation laws.
Legalization can be “topic to a requirement that the Common Meeting move laws offering for the use, distribution, possession, regulation, and taxation of hashish throughout the State,” abstract, which was additionally accredited by the lawyer common’s workplace, says, earlier than detailing the provisions of the complementary HB 837 in addition to laying out what the state’s present marijuana legal guidelines are.
“Eighteen different states have legalized leisure hashish use by adults,” the abstract notes. “A complete of 37 states regulate hashish for medical use by certified people. Maryland has had a medical hashish program in place since 2014.”
Del. David Moon (D) promoted the marijuana legalization poll query on Twitter, urging Maryland residents to register to vote or request an absentee poll.
If you wish to vote “for” Query 4 (Maryland marijuana legalization), you’ll be able to register to vote & request an absentee poll on-line for the TUE 11/8 referendum: https://t.co/UyXkrzeTnf
— David Moon (@DavidMoon2014) August 6, 2022
Beneath the regulation that will be enacted if voters approve legalization on the poll, the acquisition and possession of as much as 1.5 ounces of hashish can be authorized for adults. The laws additionally would take away felony penalties for possession of as much as 2.5 ounces. Adults 21 and older can be allowed to develop as much as two crops for private use and present hashish with out remuneration.
Previous convictions for conduct made authorized below the proposed regulation can be routinely expunged, and folks at the moment serving time for such offenses can be eligible for resentencing. The laws makes it so individuals with convictions for possession with intent to distribute might petition the courts for expungement three years after serving out their time.
The legalization invoice was amended all through the legislative course of. For instance, language was connected to create a neighborhood reinvestment fund and permit state tax deductions for sure cannabis-related bills that marijuana companies are barred from claiming below present federal tax code.
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If voters move the referendum query, the reform wouldn’t take impact instantly. Possession of small quantities of hashish would turn out to be a civil offense on January 1, 2023, punishable by a $100 positive for as much as 1.5 ounces, or $250 for greater than 1.5 ounces and as much as 2.5 ounces. Legalization for as much as 1.5 ounces wouldn’t kick in for an additional six months.
Advocates took problem with that protracted timeline. Having possession legalization take impact sooner was amongst a number of asks they made that weren’t integrated into the laws. For instance, activists additionally wished lawmakers to incorporate a provision stopping police from utilizing the odor of marijuana alone as the idea for a search.
Del. Luke Clippinger (D), who sponsored each the poll query and implementation laws, additionally serves because the chair of the Maryland Home Hashish Referendum and Legalization Workgroup, which met frequently to take preliminary steps to organize to move marijuana laws.
The panel, fashioned by Home Speaker Adrienne Jones (D), mentioned licensing and regulatory points at its conferences, with members listening to skilled testimony on the present marijuana coverage panorama to assist inform their method sooner or later.
Clippinger stated at one assembly that it was necessary for members to “prioritize fairness in our efforts and be sure that we have been recognizing and addressing the affect the warfare on hashish has inflicted, notably on brown and Black communities.”
Grownup-use legalization started to advance by way of Maryland’s legislature within the 2021 session, however no votes have been in the end held. The Senate Finance Committee held a listening to final 12 months on a legalization invoice, which adopted a Home Judiciary Committee listening to on a separate hashish proposal.
A ballot launched final 12 months discovered that the state’s residents are on board with the coverage change. Two-thirds (67 %) of Marylanders now again legalizing hashish, in accordance with a Goucher School survey. Simply 28 % are opposed.
Maryland legalized medical marijuana by way of an act of the legislature in 2012. Two years later, a decriminalization regulation took impact that changed felony penalties for possession of lower than 10 grams with a civil positive of $100 to $500.
In the meantime, the governor individually allowed a invoice to create a state fund to supply “cost-free” entry to psychedelics like psilocybin, MDMA and ketamine for navy veterans affected by post-traumatic stress dysfunction (PTSD) and traumatic mind harm to take impact with out his signature this 12 months.
Photograph courtesy of Brian Shamblen.