MARYLAND -- A bill with multiple implications on marijuana use and possession has passed in Maryland's General Assembly. If House Bill 1071 is signed into law, police would no longer be able to use the odor of marijuana as probable cause to search some ones car.
The bill also lowers the fine for smoking in public to $50 for a first time offense and $150 for a second offense. Before, the fines were $250 and $500, respectively.
Officers also may not search a car based solely on the presence of cash near the drug.
If an officer suspects a person is driving under the influence of marijuana, they cannot conduct a search of any areas in the car not readily accessible to the driver.
Any evidence gathered in violation of these stipulations cannot be used in a trial, hearing, or any other proceeding, according to the bill.
Critics of HB1071 said it will seriously hinder law enforcements ability to protect the public. Those in favor feel this could help end the stigma around marijuana use.
One person staunchly against is Wicomico County Sheriff Mike Lewis. To say Sheriff Lewis was fuming when we spoke with him, would be an understatement.
"This is not a victory for law abiding citizens, this is a victory for criminals, it's a victory for those who enjoy riding around smoking weed, smoking dope, doing their thing," said Lewis.
Ezra Riot, manager at 4:20 Smoke Shop in Ocean City, said this is a win, especially for those who use medical marijuana.
"I think that everyone is starting to come around and you know, see that this is a beneficial thing it's not just like 'hey let's legalize this and run wild', this is actually benefiting a lot of people," said Riot.
Riot said for those who use medical marijuana, the passage of this bill could lead to less fear behind the wheel.
"I think there's people that this medication can help, and with them losing that fear of I'm going to go out and get pulled over and end up in some sort of trouble as a result, that being eradicated could make it so this medication could reach more people," said Riot.
But, that is exactly what Lewis said will hamstring police.
"This is another roadblock that's being put up in front of law enforcement, making it harder to effectively police and protect and serve our communities," said Lewis.
Lewis' biggest frustration at this point is with lawmakers in Annapolis.
"I'm as frustrated now as I've ever been, I truly am," said Lewis. "Because I see our state being destroyed from the inside by Maryland lawmakers who are determined to do what the hell they want to do."
One lawmaker on Lewis' side of the aisle is Senator Mary Beth Carozza. Carozza, a Republican, represents Somerset, Wicomico and Worcester Counties.
Carozza provided WBOC with a statement on this matter:
"This is outrageous that the super majority Democrats in the Maryland General Assembly would take away another tool from law enforcement to search and recover illegal guns and contraband at a time when there has been no legislative action on violent crime. This bill was jammed through just minutes before midnight over the strong and vocal objections of Republicans in both the Senate and House."
Still, those in support of this bill are hoping this is a step in the right direction to ending any stigma about marijuana use.
"I think that's honestly an important part of what's going on and seeing the shift of how people actually look at marijuana and marijuana users," said Riot.
The bill now heads to Governor Wes Moore's desk. If he signs it into law, it goes into effect on July 1st, 2023.
