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Changes Coming To Maryland's Marijuana Laws
Changes coming to Maryland’s marijuana laws
As you’ve likely heard, Maryland voters recently passed a ballot measure resulting in big changes in Maryland’s marijuana laws. With these changes, Maryland will become the 21st state to legalize the recreational use of marijuana.
Decriminalizing marijuana possession
Effective January 1, 2023, it is no longer a crime to possess up to 2.5 ounces of marijuana. Rather, it is a civil violation resulting only in a fine of $100 or $250, depending on the specific amount possessed.
Legalizing marijuana possession
Beginning July 1, 2023, those 21 years of age and over will be able to lawfully possess up to 1.5 ounces of marijuana for personal use. Those under 21 years old will continue to be prohibited from possessing marijuana.
A person over 21 will also be able to legally grow up to two marijuana plants in their home. While Maryland marijuana law is changing, it will still be illegal under federal law and the laws of many other states to possess marijuana. This means that, even if you possess marijuana legally in Maryland, it may be a crime to bring the marijuana into a neighboring state.
Man Sentenced To Prison On Drugs And Gun Charges
Man sentenced to prison on drugs and gun charges
Using a firearm in connection with the sale or distribution of illicit drugs can result in a much lengthier prison sentence. A Baltimore man was recently sentenced to 125 months in federal prison because he allegedly used a firearm in three robberies and because he admitted that he committed the robberies to fund his drug trade.
The alleged crimes
The robberies were committed on August 4, 6 and 7 at three Maryland convenience stores. When each of the store clerks involved attempted to avoid the alleged robbers, one of them – the man who is receiving the lengthened prison term – allegedly pulled out a handgun and forced the clerk to walk to the cash register area.
The clerks were ordered to open the registers, and the robbers absconded with whatever cash was in the store.
According to news reports, on the evening of August 8, four Baltimore police officers were patrolling a neighborhood in an unmarked car. One of the officers said he spotted a partygoer whose appearance matched the physical description of one of the convenience store bandits.
No Matter What You Heard, The Victim Can't Drop Charges
No matter what you heard, the victim can’t drop charges
If you ever watch fictional crime shows, or live shows following law enforcement officers, you may think that victims can drop charges. After all, if victims can press charges, certainly, they can drop charges too, right?
Maryland law
In short, in Maryland, victims cannot drop charges that are filed. State attorneys have the power locally to file charges and also to drop them. So, a victim cannot just simply state, "No, I do not want to press charges," and then, magically erase charges, like in fictional shows.
Police officers can even present charges to a state attorney without a victim’s cooperation. However, a victim can be compelled to cooperate through a subpoena, and even jailed, if they refuse to comply.
What can victims do?
Alleged victims have the ability to make Annapolis, Maryland, police reports, aid in investigations and then, aid in subsequent trials. Whether an investigation, charges or a trial is pursued is decided by the police and state attorneys’ offices, not the victims themselves.
Jury Convicts Silver Spring Man On Gun And Drug Charges
Jury convicts Silver Spring man on gun and drug charges
Many suspected felons in Maryland keep a sharp eye out for police officers, and they are not hesitant about attempting to escape. Unhappily for them, the escape effort rarely succeeds. In a recent trial in Baltimore, the defendant had unsuccessfully attempted to escape from police when they attempted to arrest him.
The allegations
According to court records, two men were wanted by police on suspicion of related gun and drug charges. On July 25, 2019, Montgomery County sheriff’s deputies were investigating a recent shooting when they spotted a man who, they said, looked like one of the two men alleged to have been involved in the shooting.
When officers attempted to approach the two men, they allegedly ran. Officers followed and found one of the men hiding in an apartment building. The man was ordered to drop a black bag that he was carrying. The man refused and threw the bag into a nearby stairwell, where it was recovered by police. In it, police said they discovered a loaded 9mm pistol, 103 grams of marijuana packaged in four separate plastic bags, a scale and latex gloves. The man was under supervised release for a previous federal conviction.
Dealing With Traffic Violations In Maryland
Dealing with traffic violations in Maryland
If you have received a citation for a traffic violation in Maryland, you have a few ways of taking care of it.
- Option A: You can pay the full fine and plead guilty. Within this option, you can pay online, you can call it in, you can pay by mail, you can pay in person at any local District Court or you can pay using the Maryland Uniform Traffic Citation Payment Kiosk, which is at the local Motor Vehicle Administration office.
- Option B: You can enter into a payment plan. It is important to understand that if you have more than one traffic violation, you will have to open separate payment plans for each one. You will qualify for a payment plan if you have at least $150 in outstanding fines. If you intend to request a payment plan, you will need to check off the box for "request a Payment Plan" on the citation for each violation (one citation for one violation), put the date on the bottom of the citation, and mail the citation within 30 days to the address that is provided.
Will I Lose My License If I Get A DWI Or DUI In Maryland?
Will I lose my license if I get a DWI or DUI in Maryland?
Maryland law recognizes two different drunk driving offenses. They are driving under the influence (DUI) and driving while intoxicated (DWI). A DUI can be issued if you are driving with a blood alcohol concentration (BAC) of 0.08 or more. A DWI is issued if you are driving with a BAC of 0.07 and police believed you showed other signs of impairment.
In either case, if you are charged with one of these offenses, you could face administrative penalties in addition to criminal penalties. One of these penalties is the loss of your driver’s license.
DUI and your driver’s license
In Maryland, if you have no prior DUI conviction, your driver’s license can be revoked for a maximum of six months. If it is your second DUI conviction, your driver’s license can be revoked for a maximum of 12 months.
DWI and your driver’s license
In Maryland, if it is your first DWI conviction, your driver’s license can be suspended for up to six months. If it is your second DWI conviction, your driver’s license can be suspended for nine to 12 months. If you receive a DWI and are under the legal drinking age, your license could be suspended for two years.
Controlled Substance Schedules And Possession Charges
Controlled substance schedules and possession charges
Because of their addictive tendencies and the high potential for abuse, certain substances are regulated by state and federal governments. The Controlled Substances Act was enacted in 1970 and designates controlled substances into five separate categories.
This list is updated annually, and when an individual is accused of possessing a controlled substance, this list establishes the severity of the crime and whether there was a legitimate reason to possess the substance in question.
What are the controlled substance schedules?
Schedule I substances are designated as having a high potential for abuse, and according to federal law, currently do not have accepted medical use. According to the Controlled Substances Act, these substances lack an acceptable level to use safely under the care or supervision of a medical professional. This schedule includes hallucinogens, cannabinoids, heroin, LSD, marijuana, peyote and ecstasy.
Search Warrants And The Application Of The Fourth Amendment
Search warrants and the application of the Fourth Amendment
Many of us are somewhat familiar with the basics of search warrants from what we see on television. Often in a piece of Hollywood entertainment, a police officer knocks on the door of a home or business, providing a document deemed a search warrant moments before they begin searching the location.
So why is a search warrant needed? The simple answer is the Fourth Amendment of the United States Constitution. The text of this amendment guarantees your right to be free from unreasonable searches and seizures. This means that government agents must have a warrant in order to conduct a lawful search and seizure unless they meet an exception.
Requirements
Because the Fourth Amendment protects the people from unreasonable searches and seizures, it should be understood what makes a search reasonable. In other words, what requirements must be met in order to not violate the Fourth Amendment?
A search is considered reasonable when a judge issues a search warrant based on probable cause. A search is also considered reasonable if the circumstances of the situation justify a search without a warrant. An example of this is conducting a search for weapons following an arrest.
Financial Crimes And Theft Charges
Financial crimes and theft charges
When we see famous financiers taken down for financial crimes, we often forget that these are theft crimes as well. While the dollar amounts may be astronomically more than petty theft, the basis of the charges are essentiall, the same: the deprivation of property from its owner.
What many may not realize is that financial crimes or theft can be alleged, even if the alleged perpetrator had no intention for such deprivation. While it is impossible to outline all potential crimes here, we will go over potential pitfalls that those in finance should be aware.
Identity theft
While many people may assume that identity theft can only be intentional, it can actually occur incidental to financial employment. For example, if you open a new credit line or bank account for a customer without their consent, you may have committed identity theft. This is even if you did so based on a conversation with the customer or at the behest of your supervisor, who may have said it was at the customer’s request. This is, allegedly, what happened years ago at Wells Fargo.
A Domestic Violence Conviction Can Turn Your Life Upside-Down
A domestic violence conviction can turn your life upside-down
Family life can be stressful, and even the best of us can lose our cool and make a serious mistake. On the other side of the coin, people can and too often do make up or exaggerate allegations of abuse.
It can be hard for authorities to sort out the truth, and many police and prosecutors are quick to believe the accuser without investigating all of the facts.
Maryland domestic violence charges
Maryland does not have a separate crime for domestic violence. Instead, authorities will charge someone with assault, reckless endangerment or some other offense. At the end of a case, a court may deem an offense domestically related.
Criminal charges are serious in themselves. For example, while second-degree assault is a misdemeanor, even for a first offense, a person can in theory go to jail for up to 10 years and pay a $2,500 fine.
In practice, someone with no criminal record and who has lived an upstanding life will probably not go to jail for a decade. Still, even if jail gets taken off the table, a person will want to think long and hard before pleading guilty to a crime related to domestic violence.
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