Maryland Governor has signed several cannabis laws, one of which will prevent public access to records for pardoned low-level convictions for marijuana. Another bill will expand the eligibility of expungement to include certain other offences.
Gov. Wes Moore, (D), gave his final approval on a bill that clarifies policies regarding on-site cannabis consumption businesses. It also lays out plans for a new lottery to license cannabis and allows business owners to transfer their company to an employee before the current waiting period of five years.
In addition, he signed legislation allowing adults to produce marijuana edibles or concentrates at home.
“Marylanders who have served their time and turned their lives around are being unfairly blocked from jobs, housing and opportunity—and that doesn’t just hurt them, it hurts all of us,” Moore said ahead of the expungement bill signing.
It is important to me that I make this clear. This does not mean we are letting repeat or criminal offenders go free. He said that it was about using common sense. The people that will benefit from this reform include our families, our friends and even members of our church. These are people who want to progress but can’t because of the paperwork.
The Maryland Judiciary Case Search will no longer be able to “in any form” refer back to a record of a possession charge in an electronic case if that charge led to a conviction which was then pardoned later by the Governor.
Last year, Moore granted a mass pardon of more than 175,000 convictions around cannabis and paraphernalia offenses, the records of which will be blocked from public access under the new law. Although pardons are a formal act of forgiveness by the government, they do not remove records.
In February the Governor discussed the newly passed bill. He stressed that this will increase the number of people who can have their marijuana-related criminal records expunged. This is because it allows people with parole violations or probation infractions to apply to the courts for an expungement.
The legislation will expand the range of offenses eligible for expungement and remove a requirement that people satisfy “parole, probation, or mandatory supervision” before petitioning a court to expunge their criminal records.
The law requires that the person completes the sentence, and then waits a specific number of years depending on what the crime was.
Moore stated that “when someone has good employment and housing, the community is safer, business grows and Maryland becomes stronger.” Not every sentence has to be life-threatening.
Liz Budnick of the Last Prisoner Project, the lead attorney of the LPP, said that on Tuesday, “the organization commends Governor Wes Moore’s signing SB 432 into law, the Expungement Reform Act of 2020.”
This bill, she explained, is an important step towards reducing the harms that have been caused in Maryland by years of marijuana criminalization. “We’re thrilled to know that Marylanders are now able to get on with life, gain new opportunities and fully contribute to their community.”
Last Prisoner Project’s mission is to restore the lives and secure the freedom of people who have been disproportionately affected by the War on Drugs. Budnick stated that SB 432 is a good example of how legalization should be accompanied by justice for those who have paid for the misguided policies on drugs. We are proud to be supporting reforms such as this bill, and we look forward to advocating for policies which prioritize full reintegration to justice-impacted people.
Moore signed legislation governing cannabis lounges.
—
MEDCAN24 tracks hundreds of marijuana, psychedelics, and drug policy legislation in state legislatures this year. Patreon subscribers who donate at least $25/month have access to the interactive maps and charts, as well as our hearing calendar.
Find out more about our marijuana law tracker. To get access, become a Patreon supporter.
—
The legalization bill in the state already allowed for social consumption, and regulators wanted lawmakers to amend it to make sure that rules were clarified.
This legislation contains definitions as well as various references for the “cannabinoid drink” which can be served in consumption lounges. The maximum amount of THC allowed in one serving is 5mg.
This measure stipulates also that cannabis lounges on site can be operated as food services, which means they would be able offer food items without any marijuana infusions along with the single-serve approved marijuana products.
A disparity analysis will be required before the Maryland cannabis industry holds its second lottery. This study is to establish whether there are “strong grounds in evidence” of discrimination in business against minority-owned firms and female-owned businesses.
In the event that agencies determine there is a discrepancy, “remedial” measures will be implemented to correct the problem. All applicants are eligible for the lottery if there is no disparity in the results of the study.
The second round of the lottery will allow up to 120 standard licenses for dispensaries, as well as 25 standard licenses each, and 25 processors. MCA may also grant up to 70 additional microbusiness licenses for growers and processors. The regulators may also grant licenses for 10 incubator spaces and 15 consumption lounges.
The legislation will maintain the current policy that stipulates marijuana business licences cannot be transferred to other people for a minimum of five years following their issuance. However, it allows employees the option of transferring the license through an employee ownership plan.
This measure allows medical cannabis dispensaries continue to deliver marijuana products to their patients up until 1 July 2026. The current law will sunset the delivery option by July this year.
Adults will be able to make their own concentrates and edibles with the other measure that Governor Brown signed Tuesday.
The state cannabis law allows for adults to grow their own marijuana plants. However, this legislation also expands the options available to them to include non-flower marijuana that is made in the home.
Cannabis concentrates cannot be made using volatile solvents.
According to the new legislation, possession of cannabis that is more than 50 pounds in weight, or cultivation of it, will no longer constitute a crime punishable with a minimum mandatory sentence of 5 years. The misdemeanor will carry a maximum 10-year sentence or a fine of $50,000.
The law will also empower those who face prison sentences that include a minimum mandatory sentence for cannabis related convictions, to ask the court to modify their sentence.
This bill addresses non-marijuana related issues as well, such as enhancing the penalties for firearms crimes.
Maryland Senate passed, though not by the House, a law to shield firefighters and emergency workers who use medical marijuana off-duty from punishment.
According to legislation, employers could not discriminate or discipline an employee based on the results of a screening test for THC-metabolites.
In January, officials in Maryland’s most populous county separately said they were moving to loosen marijuana policies for would-be police officers in an effort to boost recruitment amid a staffing shortage.
Texas legislators introduce legislation to speed up access to psychedelic therapies
Philip Steffan provided the photo.
MEDCAN24 would not be possible without the support of readers. Please consider making a Patreon monthly pledge if you depend on our cannabis journalism for information.
