Legalization Initiative Passes in Maryland with Question 4

Voters approved Question 4, also called the Marijuana Legalization Amendment, in Maryland on Nov. 8. The passage of this initiative amends the Maryland Constitution with Article XX which allows cannabis possession and consumption for adults 21 and older, starting on or after July 1, 2023. The amendment also instructs the Maryland General Assembly to “provide for the use, distribution, possession, regulation, and taxation of cannabis within the state.”

Companion legislation known as House Bill 837 has also become law, now that voters passed Question 4, possession of cannabis up to 1.5 ounces of flower and 10 grams of concentrate, is immediately decriminalized after Jan. 1, 2023, and will become legal after June 30, 2023. The bill permits residents to grow two cannabis plants at home, and immediately expunges anyone with cannabis convictions on their record, if their crimes are made legal by the passing of Question 4 and HB-837. It also permits the creation of the Cannabis Business Assistance Fund (to assist minority- and women-owned cannabis businesses) and Cannabis Public Health Fund (a collection of legislators and other important industry members who will enact change based on studies of youth impact, reporting data, public health campaigns, and more).

The “Yes on 4” campaign led the charge with this initiative, which is chaired by former NFL athlete Eugene Monroe. The initiative’s success can also be attributed to donors such as SunMed Growers, Trulieve Medical Cannabis Dispensary, Curio Wellness, Marijuana Policy Project, and Green Thumb Industries.

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House Bill 837 Aims to Legalize Pot Possession, Home Grow in Maryland

Activists behind a ballot referendum to legalize cannabis in Maryland launched a new ad campaign last week, urging voters to support the proposal when they go to the polls on November 8. If passed, the ballot measure would make Maryland the 20th state in the union to legalize recreational marijuana for adults.

In April, the Maryland General Assembly passed two bills designed to legalize recreational marijuana. Under the proposals, Maryland voters will decide in this fall’s general election if cannabis should be legalized for adults, leaving lawmakers to pass additional legislation to regulate the commercial cannabis industry.

“We’re at the beginning of an important process where we begin to look again at how we have treated the substance—cannabis,” Delegate Luke Clippinger, the chair of the House Judiciary Committee and the sponsor of the legislation, told his colleagues in the House of Delegates when they passed the bills earlier this year.

The legislation approved by lawmakers includes House Bill 837, a measure that would legalize possession of up to 1 1/2 ounces of marijuana for adults and create an equitable path to cannabis legalization, according to Clippinger. The bill would also allow adults to cultivate up to two cannabis plants at home.

Maryland Voters to Decide on Question 4 in November

House Bill 837 will go into effect if voters approve House Bill 1, a cannabis legalization constitutional amendment measure that will appear as Question 4 on the ballot for the November general election. The referendum is supported largely by Trulieve, a cannabis producer and retailer with operations in eight states, including three medical marijuana dispensaries in Maryland.

On Thursday, the campaign to pass Question 4 launched a new ad campaign featuring a website and video encouraging voters to support cannabis legalization in Maryland. Eugene Monroe, a former offensive lineman for the NFL’s Baltimore Ravens and the chairman of the committee sponsoring the referendum campaign, said the ballot measure would create economic opportunities for both entrepreneurs and workers.

“Legalizing cannabis would stimulate Maryland’s economy and create tens of thousands of good-paying jobs, while allowing Maryland residents to benefit from vital investments in education, public health, and public safety funded by cannabis taxes,” Monroe said in a statement quoted by the Washington Post.

Supporters of cannabis policy reform in the Maryland General Assembly have said that legalizing marijuana will help the state address the harms caused by prohibition and the War on Drugs. A study from the American Civil Liberties Union showed that between 2010 and 2018, Black people in Maryland were more than twice as likely to be arrested for a marijuana-related offense than white people, despite evidence that the two groups use cannabis at nearly equal rates.

“Passing Question 4 will put an end to the failed criminalization of cannabis, create a well-regulated legal marijuana market centered around equity, and open up new doors for local entrepreneurs and small business owners,” Monroe said in the statement.

Delegate Jazz Lewis of Prince George’s County, who gave his reluctant approval to the legislation passed earlier this year, said that the legal cannabis industry should be open to all.

“We need to make sure that we build a brand new industry where people can get in where it is most appropriate for them, and that they have a support system around them so that they can thrive,” said Lewis.

Maryland legalized medical marijuana in 2014, leading to the launch of the medicinal cannabis industry three years later. But not one of the businesses approved to operate in the industry was Black-owned. Delegate Gabriel Acevero, who represents part of Montgomery County, said that the recreational cannabis industry must not follow the same path.

“The Maryland General Assembly unfortunately got it wrong on medical cannabis,” said Acevero. “It did not prioritize equity, it did not ensure that – in an industry that now generates millions – that communities most impacted would be able to participate in that.”

“We’re not prioritizing mitigating the impacts of the racist drug war – we’re just moving on this issue because we recognize that it’s very popular with Marylanders and for some people, it’s politically expedient,” Acevero added. “But we have to get this right.”

Delegate David Moon, who represents a different section of Montgomery County, is the chair of the criminal justice impacts subcommittee of the cannabis legalization workgroup. He said that the group will wait until the referendum is passed and equity studies are completed early next year before drafting a regulatory system, noting that it could be years before recreational marijuana businesses open their doors to customers.

“That’s exactly why we’re on this sort of two step process,” Moon said. “This whole conversation about licensing requires a few more conversations and analysis, I think because of exactly the history [of the medical marijuana inequities.] The workgroup meetings that have happened have been about getting the basic conversations going on licensing and health effects, so I think it’s really a preview for what’s going to happen in next year’s legislative session.”

With 50 days before the election, Question 4 is receiving strong support from the public. In a poll of 748 likely voters released on Monday morning, 59% said they would vote in favor of the referendum.

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Maryland House Advances Cannabis Legalization Bills

The legalization of adult-use cannabis in Maryland took another step forward on Wednesday with the advancement of two bills in the state’s House of Delegates. 

The first measure, House Bill 837, would legalize possession of up to 1.5 ounces of cannabis for adults and create an equitable path to cannabis legalization, according to the sponsor of the legislation. The bill would also allow adults to cultivate up to two cannabis plants at home.

House Bill 837 was created as companion legislation for House Bill 1, a cannabis legalization ballot planned for the November election. Both bills were approved by the House on Wednesday after a second reading and a 90-minute debate.

The legislation is based on the findings of the House Cannabis Referendum and Legalization Workgroup, which began working on a legalization plan in September. The enactment of House Bill 837 is contingent on the passage of a cannabis legalization referendum planned for this year’s general election under House Bill 1.

The bills were introduced earlier this month by Democratic Delegate Luke Clippinger, a Baltimore Democrat and chair of the House Judiciary Committee. He also chaired the House Cannabis Referendum and Legalization Workgroup, which focused on the public health, criminal justice, regulatory, and business implementation aspects of cannabis legalization.

Several Amendments Defeated

Wednesday’s approval of the bills came after the defeat of several amendments proposed by Republican delegates. House Minority Leader Jason C. Buckel supported one proposal that would increase the proposed $50 fine for smoking cannabis in public.

“This isn’t a slap on the wrist, this is a tickle on the wrist,” Buckel said of the $50 fine. “I don’t know how many of you have gotten a speeding ticket where the fine is less than this. Doing 70 in a 55, you are going to pay more than $50.”

Democratic Delegate David Moon opposed a stiffer penalty than a fine, saying that the goal of cannabis legalization for many Democrats is to end incarceration for nonviolent offenses and reduce the racial disparity in the enforcement of cannabis prohibition. He also noted that a survey of adults in Maryland had found half of the respondents had smoked cannabis.

“Half of Maryland residents likely got away with a jailable offense when they did this,” he said. “The more disturbing part of this is that white Marylanders have been getting away with this jailable offense at much higher rates than all the rest of us.”

Another proposed amendment would have allowed local communities where a majority of voters opposed the referendum to opt out of cannabis legalization, a policy that has led to areas with no access to regulated cannabis in other states that have legalized cannabis. Buckel said that counties that do not approve legalization should not have “this crammed down their throat.”

“You don’t get to opt out, even when it’s based on the will of your voters, the will of your voters who expressed in a democratic referendum they don’t want this,” he said. “We’re gonna cram it down your throat. That’s not fair.”

Moon, however, argued that Buckel’s efforts would only serve to maintain prohibition.

“What the minority leader is proposing to do, both through his attempt to make this a local decision where people could keep perpetuating these inequities, and now in this attempt to re-criminalize, is the opposite of what we’re trying to do,” Moon said.

If the bills receive final approval in the House of Delegates, the legislation will head to the Maryland Senate, where lawmakers are also working on a more comprehensive cannabis legalization amendment proposal.

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Maryland Lawmakers Introduce Adult-Use Cannabis Legalization Bill

The Democratic leadership of Maryland’s House of Delegates last Thursday introduced a bill to legalize cannabis for adults. The measure, House Bill 837, would legalize possession of up to 1.5 ounces of cannabis for adults and create an equitable path to cannabis legalization, according to the sponsor of the legislation.

The bill is contingent on the passage of a marijuana legalization referendum planned for Maryland’s November general election. Last summer, Democratic House Speaker Adrienne Jones expressed her support for such a vote and established a legislative workgroup to study issues related to cannabis legalization.

House Bill 837 was created as companion legislation for House Bill 1, the cannabis legalization ballot question planned for the November election. The legislation is based on the findings of the House Cannabis Referendum Workgroup, which began working on a legalization plan in September.

“While I feel strongly that the voters should decide this issue, it is the General Assembly that is charged with making sure we have a legally defensible, equity-driven plan in place should they choose legalization,” Jones said in a press release on February 3.

The legislation was introduced by Democratic Delegate Luke Clippinger, a Baltimore Democrat who is the chair of the House Judiciary Committee. He also chaired the House Cannabis Referendum Workgroup, which focused on the public health, criminal justice, regulatory and business implementation aspects of cannabis legalization.

“Marylanders deserve to have their voices heard at the ballot box on the question of legalization, but we cannot move forward without an implementation plan that addresses our immediate priorities,” said Clippinger. “With this legislation, we will be prepared with a comprehensive policy that creates the best, most equitable path to legal recreational cannabis, should voters say yes.”

Maryland Bill Includes Legalization and Expungement Provisions

House Bill 837 would legalize adults’ possession of up to 1.5 ounces of cannabis. Possession of more than 1.5 ounces and up to 2.5 ounces of cannabis would be charged as a civil offense rather than a criminal misdemeanor. The bill would also automatically expunge the criminal records of those with a single conviction for possession of small amounts of marijuana.

Additionally, those currently in state prison or county jail for low-level cannabis convictions would be eligible for resentencing and an end to their incarceration. Clippinger said that the legislation would help create a more equitable criminal justice system. 

“Fueled by the war on cannabis, our current laws have disproportionately led to the arrest and criminalization of people of color,” Clippinger wrote in an op-ed that was recently published by the Baltimore Sun. “The companion legislation to House Bill 1 will work to end these disparities within our justice system.”

Under the bill, a disparity study would be conducted to create an equitable regulatory structure and identify barriers to entering the legal cannabis industry. Additionally, the legislation would establish a Cannabis Business Assistance Fund to help owners of small cannabis businesses owned by women, members of minority groups and those adversely impacted by marijuana prohibition.

“This analysis will enable the legislature to determine what measures would be appropriate to ensure maximum participation for these communities to partake in the growing, distribution and sale of cannabis,” Clippinger wrote. “An equitable regulatory policy is simply not legally possible without this analysis and the information it will provide.”

Lawmakers in the Maryland Senate are also working on a plan to legalize cannabis in the state. Sen. Will Smith, the Senate Judicial Proceedings Committee chair, said that a detailed cannabis legalization plan will have to be in place before legislators approve the ballot question for this year’s general election.

“We will not send this to a referendum without having a clear idea as to what things look like in terms of the actual regulatory framework,” Smith, a Montgomery County Democrat, said. “The regulatory framework has to be sussed out before we send it to the voters.”

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