A proposed law in the Maryland legislature could substantially reduce the penalties for possession of less than 10 grams of marijuana. The law was proposed by Republican state senator Allan Kittleman and Democratic state senator Bobby Zirkin. Both men say that the current laws for marijuana possession in Maryland waste the time of prosecutors and police officers and are unnecessarily harsh.

The proposed law would reduce possession of less than 10 grams of marijuana to a civil offense and would make the crime enforceable by citation instead of arrest. Subsequently, those cited for the crime would not have to appear in court. According to Mr. Kittleman, police officers currently spend approximately three hours preparing for each court appearance. The new law would allow officers to spend that time on more pressing issues.

A changing attitude toward marijuana possession in Maryland

Prosecutors have taken a different approach toward marijuana possession charges over the past two years. According to a report from the Baltimore Sun, in 2012, more than 1,400 people in Maryland were offered the opportunity to perform community service as punishment for marijuana possession. That’s more than double the amount who were offered that option in 2010.

Prosecutors have been offering a community service option in greater frequency for a number of reasons. One is that it saves the court and the county jail considerable expense for what is viewed by many as a negligible crime. However, it also saves the accused from having a drug crime on their criminal record. One Maryland prosecutor said that his office recognizes that a drug conviction greatly reduces an individual’s chances of obtaining gainful employment. He said his office doesn’t want the charges to be more harsh than necessary.

However, not all prosecutors have embraced a more relaxed approach to marijuana possession in Maryland. Only 15 of the state’s 24 counties offer more lenient community service options for marijuana possession. In many of those counties, the option is only available for first-time offenders. The proposed law would make possession of small quantities a citation offense in all counties and for all offenders, regardless of how many previous citations they’ve had.

Shifting attitudes haven’t changed arrest numbers

Prosecutors and lawmakers may be relaxing their stance on marijuana possession enforcement. However, Maryland police are still arresting individuals for marijuana possession in record numbers. The Baltimore Sun reported that 24,488 people were arrested for marijuana possession in Maryland in 2012. That’s an increase from 22,048 in 2007. The ACLU has reported that arrests for marijuana possession in Maryland increased 35 percent from 2000 to 2010.

While the push may be on for relaxed marijuana laws, possession charges can still be a very serious crime. The law currently allows for convicted individuals to be sentenced to probation, fines and even time in jail.

Individuals who face charges for marijuana possession in Maryland may benefit from speaking with an experienced criminal defense attorney who can examine their case and determine whether it’s worthwhile to fight the charges or if it would be most beneficial to work towards a plea agreement. In many cases, the attorney may have a relationship with area prosecutors and may be able to facilitate a diversion program that opts for community service and treatment over time in jail.