A020-1213 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 240 250 260 270

280 290 300 310 320 330 340 AN ACT Concerning Criminal Law Marijuana Use or Possession of Small Amount FOR the purpose of limiting the application of certain criminal penalties for the use or possession of marijuana to a violation involving not less than a certain quantity of marijuana; establishing that the use or possession of a certain quantity of marijuana is a civil offense; establishing that a person who violates the prohibition against the use or possession of a certain quantity of marijuana shall be issued a certain citation; establishing that a violation of a certain provision of this Act is a Code violation and civil offense; providing that a minor is subject to certain procedures and dispositions; providing that an individual who is at least 18 years old is subject to certain provisions of this Act. BY repealing and reenacting, with amendments, Article Criminal Law Section 5601 Annotated Code of Maryland BY adding to Article Criminal Law Section 5601.1 Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the Laws of Maryland read as follows: Article Criminal Law 5601. (a) Except as otherwise provided in this title, a person may not:

(1) possess or administer to another a controlled dangerous substance, unless obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or (2) obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by: (i) fraud, deceit, misrepresentation, or subterfuge;

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350 360 370 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520 530

(ii) order; (iii) (iv)

the counterfeiting or alteration of a prescription or a written

the concealment of a material fact; the use of a false name or address;

(v) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or (vi) making, issuing, or presenting a false or counterfeit prescription or written order. (b) Information that is communicated to a physician in an effort to obtain a controlled dangerous substance in violation of this section is not a privileged communication. (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $25,000 or both. (2) (I) A person whose violation of this section involves the use or possession of NOT LESS THAN 28.5 GRAMS OF marijuana is GUILTY OF A MISDEMEANOR AND ON CONVICTION IS subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. (II) THE VIOLATION OF THIS SECTION INVOLVING 540 THE USE OR POSSESSION OF LESS THAN 28.5 GRAMS OF MARIJUANA IS 550 A CIVIL OFFENSE. (3) (i) In a prosecution for the use or possession of marijuana, the defendant introduce and the court shall consider as a mitigating factor any evidence of medical necessity. (ii) Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed marijuana because of medical necessity, on conviction of a violation of this section, the maximum penalty that the court may impose on the person is a fine not exceeding $100. 5601.1.

560 570 580 590 600 610 620 630

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640 650 660 670 680 690 700 710 720 740 750 760 770

(A) A PERSON WHO VIOLATES 5601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS THAN 28.5 GRAMS OF MARIJUANA SHALL BE ISSUED A CITATION UNDER THIS SECTION. (B) A CITATION FOR A VIOLATION OF 5601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS THAN 28.5 GRAMS MARIJUANA MAY BE ISSUED BY: (1) A POLICE OFFICER AUTHORIZED TO MAKE ARRESTS; AND (2) IN STATE FORESTRY RESERVATIONS, STATE PARKS, RECREATION AREAS, AND AT HISTORIC MONUMENTS, A FOREST OR PARK WARDEN UNDER 5206(A) OF THE NATURAL RESOURCES ARTICLE. 730

800 810 820

(C) A PERSON AUTHORIZED UNDER THIS SECTION TO ISSUE A CITATION SHALL ISSUE THE CITATION IF THE PERSON HAS PROBABLE 780 CAUSE TO BELIEVE THAT THE PERSON CHARGED IS COMMITTING OR 790 HAS COMMITTED A VIOLATION OF 5601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS THAN 28.5 GRAMS OF MARIJUANA. (D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE 830 FORM OF CITATION ISSUED TO AN ADULT FOR A VIOLATION OF 840 5601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS 850 THAN 28.5 GRAMS OF MARIJUANA SHALL BE AS PRESCRIBED BY THE 860 DISTRICT COURT AND SHALL BE UNIFORM THROUGHOUT THE STATE. (2) THE CITATION ISSUED TO AN ADULT SHALL CONTAIN: (I) CHARGED; (II) THE STATUTE ALLEGEDLY VIOLATED; THE NAME AND ADDRESS OF THE PERSON

870 880 890 900 910 920

(III) THE LOCATION, DATE, AND TIME THAT THE VIOLATION OCCURRED;

A020-1213 930 940 950 (IV) THE FINE THAT MAY BE IMPOSED; (V) A NOTICE THAT THE DISTRICT COURT SHALL PROMPTLY SEND TO THE PERSON CHARGED A SUMMONS TO APPEAR 960 FOR TRIAL; (VI) A NOTICE STATING THAT THE PERSON CHARGED 980 MAY COMPLY WITH THE SUMMONS TO APPEAR BY PREPAYMENT OF 990 THE FINE;

970

1000 (VII) THE SIGNATURE OF THE PERSON ISSUING 1010 THE CITATION; AND 1020 (VIII) A SPACE FOR THE PERSON CHARGED TO SIGN 1030 THE CITATION. 1040 (3) THE FORM OF CITATION ISSUED TO A MINOR SHALL: BE PRESCRIBED BY THE STATE COURT

1050 (I) 1060 ADMINISTRATOR; 1070 1080 (II)

BE UNIFORM THROUGHOUT THE STATE; AND

(III) CONTAIN THE INFORMATION LISTED IN 38A1090 33(B) OF THE COURTS ARTICLE. (E) (1) THE ISSUING JURISDICTION SHALL FORWARD A COPY 1110 OF THE CITATION AND A REQUEST FOR TRIAL TO THE DISTRICT 1120 COURT IN THE DISTRICT HAVING VENUE.

1100

1130 (2) THE DISTRICT COURT SHALL PROMPTLY SCHEDULE 1140 THE CASE FOR TRIAL AND SUMMON THE DEFENDANT TO APPEAR. 1150 1160 SUMMONS TO 1170 1180 (I) A PERSON MAY COMPLY WITH THE

1. 2.

APPEARANCE IN PERSON; APPEARANCE BY COUNSEL; OR

A020-1213 1190 3. PAYMENT OF THE FINE FOR THE OFFENSE.

1200 (II) WILLFUL FAILURE OF THE DEFENDANT TO 1210 RESPOND TO A SUMMONS IS CONTEMPT OF COURT. 1220 (F) (1) FOR PURPOSES OF THIS SECTION, A VIOLATION OF 51230 601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS 1240 THAN 28.5 GRAMS OF MARIJUANA IS A CODE VIOLATION AND IS A 1250 CIVIL OFFENSE. 1260 (2) A PERSON CHARGED WHO IS UNDER THE AGE OF 18 1270 YEARS SHALL BE SUBJECT TO THE PROCEDURES AND DISPOSITIONS 1280 PROVIDED IN TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE. 1290 (3) A PERSON CHARGED WHO IS AT LEAST 18 YEARS OLD 1300 SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION.

1310

(4) ADJUDICATION OF A CODE VIOLATION UNDER 51320 601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS 1330 THAN 28.5 GRAMS OF MARIJUANA IS NOT A CRIMINAL CONVICTION 1340 FOR ANY PURPOSE AND DOES NOT IMPOSE ANY OF THE CIVIL 1350 DISABILITIES ORDINARILY IMPOSED BY A CRIMINAL CONVICTION. 1360 (G) IN ANY PROCEEDING FOR A CODE VIOLATION UNDER 5601 1370 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS THAN 1380 28.5 GRAMS. 1390 (1) THE STATE HAS THE BURDEN TO PROVE THE GUILT OF 1400 THE DEFENDANT TO THE SAME EXTENT AS IS REQUIRED BY LAW IN 1410 THE TRIAL OF CRIMINAL CASES; 1420 (2) THE COURT SHALL APPLY THE EVIDENTIARY 1430 STANDARDS AS PRESCRIBED BY LAW OR RULE FOR THE TRIAL OF 1440 CRIMINAL CASES; 1450 (3) THE COURT SHALL ENSURE THAT THE DEFENDANT 1460 HAS RECEIVED A COPY OF THE CHARGES AGAINST THE DEFENDANT 1470 AND THAT THE DEFENDANT UNDERSTANDS THOSE CHARGES;

A020-1213 1480 (4) THE DEFENDANT IS ENTITLED TO CROSSEXAMINE 1490 ALLWITNESSES WHO APPEAR AGAINST THE DEFENDANT, TO PROCURE 1500 EVIDENCE OR WITNESSES ON BEHALF OF THE DEFENDANT, OR 1510 TO TESTIFY ON THE DEFENDANTS OWN BEHALF, IF THE 1520 DEFENDANT CHOOSES TO DO SO; 1530 (5) THE DEFENDANT IS ENTITLED TO BE 1540 REPRESENTED BY COUNSEL OF THE DEFENDANTS CHOICE AND 1550 AT THE EXPENSE OF THE DEFENDANT; AND 1560 (6) THE DEFENDANT MAY ENTER A PLEA OF GUILTY 1570 OR NOT GUILTY, AND THE VERDICT OF THE COURT IN THE CASE 1580 SHALL BE: 1590 1600 (I) (II) GUILTY OF A CODE VIOLATION; NOT GUILTY OF A CODE VIOLATION; OR

1610 (III) PROBATION BEFORE JUDGMENT, IMPOSED BY 1620 THE COURT IN THE SAME MANNER AND TO THE SAME EXTENT AS IS 1630 ALLOWED BY LAW IN THE TRIAL OF A CRIMINAL CASE. 1640 (H) (1) IF THE DISTRICT COURT FINDS THAT A PERSON 1650 HAS COMMITTED A CODE VIOLATION, THE COURT SHALL REQUIRE 1660 THE PERSON TO PAY A FINE NOT EXCEEDING $100. 1670 (2) THE CHIEF JUDGE OF THE DISTRICT COURT 1680 SHALL ESTABLISH A SCHEDULE FOR THE PREPAYMENT OF FINES FOR 1690 A VIOLATION OF 5601 OF THIS SUBTITLE INVOLVING THE USE OR 1700 POSSESSION OF LESS THAN 28.5 GRAMS OF MARIJUANA. 1710 (I) WHEN A DEFENDANT HAS BEEN FOUND GUILTY OF A CODE 1720 VIOLATION AND A FINE HAS BEEN IMPOSED BY THE COURT: 1730 (1) THE COURT MAY DIRECT THAT THE PAYMENT OF THE 1740 FINE BE SUSPENDED OR DEFERRED UNDER CONDITIONS THAT 1750 THE COURT MAY ESTABLISH; AND

1760 (2) IF THE DEFENDANT WILLFULLY FAILS TO PAY THE 1770 FINE IMPOSED BY THE COURT, THAT WILLFUL FAILURE MAY BE 1780

A020-1213 TREATED AS A CRIMINAL CONTEMPT OF COURT, FOR WHICH 1790 THE DEFENDANT MAY BE PUNISHED BY THE COURT AS PROVIDED 1800 BY LAW. 1810 (J) (1) THE DEFENDANT IS LIABLE FOR THE COSTS OF 1820 THE PROCEEDINGS IN THE DISTRICT COURT AND FOR PAYMENT TO 1830 THE CRIMINAL INJURIES COMPENSATION FUND.

1840 (2) THE COURT COSTS IN A CODE VIOLATION CASE UNDER 1850 5601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS 1860 THAN 28.5 GRAMS OF MARIJUANA IN WHICH COSTS ARE IMPOSED ARE 1870 $5. 1880 (K) (1) A DEFENDANT WHO HAS BEEN FOUND GUILTY OF A 1890 CODE VIOLATION UNDER 5601 OF THIS SUBTITLE INVOLVING 1900 THE USE OR POSSESSION OF LESS THAN 28.5 GRAMS OF 1910 MARIJUANA HAS THE RIGHT TO APPEAL OR TO FILE A MOTION FOR 1920 A NEW TRIAL OR A MOTION FOR A REVISION OF A JUDGMENT 1930 PROVIDED BY LAW IN THE TRIAL OF A CRIMINAL CASE. 1940 (2) A MOTION SHALL BE MADE IN THE SAME 1950 MANNER AS PROVIDED IN THE TRIAL OF CRIMINAL CASES, AND THE 1960 COURT, IN RULING ON THE MOTION, HAS THE SAME AUTHORITY 1970 PROVIDED IN THE TRIAL OF CRIMINAL CASES. 1980 1990 2000 2010 2020 2030 (L) (1) THE STATES ATTORNEY FOR ANY COUNTY MAY PROSECUTE A CODE VIOLATION UNDER 5601 OF THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS THAN 28.5 GRAMS OF MARIJUANA IN THE SAME MANNER AS PROSECUTION OF A VIOLATION OF THE CRIMINAL LAWS OF THE STATE.

(2) IN A CODE VIOLATION CASE UNDER 5601 OF 2040 THIS SUBTITLE INVOLVING THE USE OR POSSESSION OF LESS THAN 28.5 2050 GRAMS OF MARIJUANA, THE STATES ATTORNEY MAY: 2060 (I) ENTER A NOLLE PROSEQUI IN OR PLACE THE 2070 CASE ON THE STET DOCKET; AND

A020-1213 2080 (II) EXERCISE AUTHORITY IN THE SAME MANNER 2090 AS PRESCRIBED BY LAW FOR VIOLATION OF THE CRIMINAL LAWS OF 2100 THE STATE. 2110 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2120 October 1, 2013. 2130 2140 2150 2160 MANDATES: Martin OMalley, Governor of Maryland Thomas V. Mike Miller, President of the Maryland State Senate Michael E. Busch, Speaker of the House of Delegates

SPONSOR: Robert Brooking, Delegation Chairperson University of Maryland, College Park COSPONSORS: Michael Cowan, Lt. Governors Chief of Staff University of Maryland, College Park

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