Maryland Senators Consider Blocking Police From Using Marijuana Odor As Sole Reason To Search Cars

“This isn’t saying that there’s no circumstance on the planet the place odor can’t be an element. However we’re saying it may’t be the stand-alone purpose.”

By William J. Ford, Maryland Issues

Rusty Carr of Mount Ethereal stood earlier than the Maryland Senate Judicial Proceedings Committee and hoisted a 3 1/2 gram container of hashish he makes use of for medical functions, particularly for power ache.

“In case you have questions, I’ll assist you to odor in case you’d like. I’ve samples to check,” he stated, suggesting that the odor shouldn’t be as sturdy as folks suppose.

Carr testified at a listening to Thursday in help of Senate Invoice 51, which might forestall legislation enforcement officers from stopping a motorist primarily based on the scent of hashish with out proof that the motorist is intoxicated or with out one other legitimate purpose.

Sponsored by Sen. Jill Carter (D-Baltimore Metropolis), the invoice additionally would prohibit police from utilizing another causes as trigger for a cease, together with possession of hashish, suspicion that the particular person possesses hashish and the presence of cash close to hashish.

Carter stated it will guarantee Black and Latino motorists aren’t focused, which “would scale back the alternatives for officers to conduct racial profiling.”

The invoice is into consideration after Maryland courts have dominated otherwise on cease and search procedures for marijuana.

Two years in the past the Maryland Courtroom of Particular Appeals, now referred to as the Maryland Appellate Courtroom, dominated that police couldn’t cease an individual primarily based on the odor of hashish. 

However final yr, the Maryland Courtroom of Appeals, now referred to as the Maryland Supreme Courtroom, overruled the appeals court docket, deciding that police might cease somebody in the event that they smelled hashish. Nevertheless, the state’s prime court docket stated that legislation enforcement should let motorists go if they may not decide whether or not a stopped motorist had greater than 10 grams of hashish.

“I consider it’s our accountability in Maryland to present steering to our courts. This can be a matter of public coverage,” Carter stated.

Underneath a measure Maryland voters authorized in November to make leisure use of hashish authorized as of July 1, an individual 21 years and older might be allowed to own as much as 1.5 ounces of marijuana and develop two marijuana crops out of public view.

Nevertheless, the legislature should approve a framework for regulating and taxing hashish earlier than the session ends April 10.

A fiscal observe drafted by the state Division of Legislative Providers notes that the common value to carry an inmate is $4,970 per 30 days and that expenditures might lower as a result of fewer folks could also be incarcerated.

Revenues would additionally lower with fewer fines imposed and picked up.

Upfront of and in response to Thursday’s listening to, the ACLU of Maryland issued an announcement noting that the latest dying of Tyre Nichols, after he was stopped and overwhelmed by 5 Memphis cops, “is one more chilling reminder of the necessity to restrict police interactions.”

Sen. William Folden (R-Frederick County), a Frederick police officer, stated the laws would restrict “sure investigative instruments” for legislation enforcement.

“Leisure [cannabis] use is authorized. I get it, however we’re placing the cart earlier than the horse and we’re not permitting the right issues in place to have the ability to correctly monitor and preserve the roads protected,” he stated.

Carter instructed Folden legislation enforcement officers might nonetheless request a driver to tug to the aspect in the event that they discover a motorist swerves on the highway, for instance.

“This isn’t saying that there’s no circumstance on the planet the place odor can’t be an element,” she stated. “However we’re saying it may’t be the stand-alone purpose” to tug somebody over.

Carter and different supporters emphasised that it’s troublesome for an officer to find out how a lot hashish an individual has primarily based solely on the scent.

However Folden stated he “want to suppose that there’s instances you may stroll by a automotive and it’s a reasonably sturdy odor, and it’s in all probability greater than the quantity that’s [allowed] for leisure use as a result of it’s that sturdy.”

Carter disagreed.

“It’s unquantifiable,” Carter stated. “That’s not one thing you may decide.”

This story was first printed by Maryland Issues.

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