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Legislative leaders have said they are committed to placing a cannabis legalization referendum on the November ballot, and recent polling suggests it will pass by a comfortable margin.
But some supporters of marijuana reform warned on Monday that the legislature鈥檚 current plan for legalizing possession of small amounts of marijuana could cause confusion for the public and law enforcement officers.
The House of Delegates is considering two measures 鈥� House Bill 1, which would establish a referendum this November, and House Bill 837, which would create a regulatory framework for a marijuana industry. As currently drafted, the second bill wouldn鈥檛 take effect until July 1, 2023.
If approved, possession of up to 1.5 ounces of marijuana would become legal and people serving time solely for possession of small amounts of pot would be freed from jail with their records expunged.
Reform advocates applaud the legislation, but they expressed concern about the eight-month gap between a headline-generating referendum and the date the new law takes effect.
They point to New Jersey, where voters approved a referendum by a 2-to-1 margin in November 2020. Follow-on legislative action didn鈥檛 come until months later. In that intervening period, 6,000 Garden State residents were charged with minor marijuana possession, according to a report from the state judiciary.
鈥淲e鈥檙e in a terrible limbo,鈥� said Chris Goldstein, of the cannabis activist group NORML, said during the interim. 鈥淚 think the confusion 鈥� the dangerous confusion 鈥� isn鈥檛 among consumers. I think there鈥檚 a dangerous confusion among the police and prosecutors out there. The problem is police are still enforcing prohibition. I think they need a clearer directive.鈥�
Olivia Naugle, a senior policy analyst at the Washington, D.C.-based Marijuana Policy Project, told the House Judiciary Committee on Monday that Maryland should learn from New Jersey鈥檚 experience.
鈥淭his delay would mean thousands of Marylanders 鈥� disproportionately Black Marylanders 鈥� would continued to be subjected to police interactions and citations for cannabis for eight months after voters adopt legalization,鈥� she said. 鈥淭hose are police interactions and citations for cannabis which can be traumatic, are disproportionately targeted to people of color and at their worst can be deadly for people of color.鈥�
Naugle said that legalizing possession immediately after a successful referendum is 鈥渁 better policy choice.鈥�
In the months since House Speaker Adrienne A. Jones (D-Baltimore County) announced her support for a referendum, the leaders of multiple committees have worked on the issue. They want to ensure that Maryland鈥檚 potentially lucrative marijuana industry is racially diverse and they want to make sure that the state has baseline data to track the health and public safety impacts of legalization.
Senate leaders also support legalization. Lawmakers in both chambers are eager to bring an end to enforcement practices that have impacted Black users more than people of other races.
But the question of timing has caused friction between the House and Senate.
At Monday鈥檚 hearing, House Majority Leader Eric Luedtke (D-Montgomery), a member of the Ways and Means Committee, said Jones鈥� instruction to her committee chairs is to craft solid bills.
鈥淭he potential legalization of recreational cannabis, should the voters approve a ballot question in the fall, is a tremendous economic development opportunity,鈥� he said. 鈥淚t鈥檚 more important that we get it done right than that we get it done quickly.鈥�
House Economic Matters Committee Chair C.T. Wilson (D-Charles) said it is essential for the state to finish a disparity study if it is to realize the goal of having entrepreneurs of color among the players in the new industry.
鈥淚f we鈥檙e tricked into rushing forward, then we will miss out on this multi-billion dollar industry, where less than two percent of the participation is done by minorities,鈥� he said. His use of the term 鈥渞ushing鈥� was an apparent reference to the Senate, where leaders have advocated a speedier timeline.
鈥淲e鈥檙e not going to leave our people behind,鈥� said Wilson, who is Black, noting that the legislation sets up a small, minority-owned and women-owned business assistance fund. 鈥淢y goal is not just to create Black jobs, minority jobs, but to create Black millionaires. 鈥� We will not be rushed.鈥�
Eighteen states, including Virginia, and the District of Columbia have legalized the non-medical use of marijuana.
House Judiciary Vice-Chair David Moon (D-Montgomery), a longtime reform proponent, urged quick adoption of new laws.
鈥淓very year that marijuana has been illegal in Maryland鈥� at least 30,000 criminal charges were filed against our residents, even after decriminalization of small amounts in 2014,鈥� he said. 鈥淎nd of course, all the survey data indicates that that is disproportionately Black Marylanders and other people of color even though we know the use rates鈥� are the same.鈥�
Several reform advocates urged lawmakers to add a provision banning police from conducting a search of a person or vehicle based solely on the smell of pot.
鈥淥nce we push cannabis into the legal stream of commerce, it can鈥檛 be lawful and legal鈥� and be probable cause at the same time,鈥� said Deputy Prince George鈥檚 County State鈥檚 Attorney Perry Paylor. 鈥淨uite frankly, it鈥檚 confusing. It鈥檚 confusing to the police. It鈥檚 confusing to the bench [judges], and sadly it鈥檚 confusing to the end users as well.鈥�
