Pubdate: Tue, 12 Jan 2016
Source: Baltimore Sun (MD)
Copyright: 2016 The Baltimore Sun Company
Contact:  http://www.baltimoresun.com/
Details: http://www.mapinc.org/media/37
Author: Scott D. Shellenberger
Note: Scott D. Shellenberger is state's attorney for Baltimore County

MD. MARIJUANA BILL VETO SHOULD STAND

It is a crime to drink alcohol behind the wheel of a car. It is also 
a crime to drink alcohol in a public place such as the neighborhood 
park. I believe the vast majority of Marylanders agree with these two 
common-sense measures.

It should be a crime to smoke marijuana behind the wheel of a car or 
to smoke marijuana in public. I am also certain that the vast 
majority of Marylanders agree with this.

Yet if the legislature overrides the veto of Senate Bill 517 it will 
not be a crime to smoke marijuana while driving or to smoke marijuana 
in public.

Last year, the legislature decriminalized the possession of the drug 
paraphernalia used to smoke or ingest small amounts of marijuana. 
This made sense because the legislature had previously decriminalized 
the possession of less than 10 grams of marijuana. All we asked was 
that in doing so, the legislature also make it a crime for a person 
to smoke marijuana in public and while driving. Lawmakers did not.

Decriminalizing possession of small amounts of marijuana and its 
paraphernalia without these exceptions leaves police officers with no 
guidance as to whether they can pull over a person who is smoking a 
joint while driving. Nor is it clear whether the police can search a 
car from which an odor of marijuana is present. Not knowing what the 
rules are on this issue means that the courts will have to decide, 
but that may be years away. Because of these concerns, Gov. Larry 
Hogan vetoed the bill. That veto should stand. How did it come to 
this? Two years ago, the legislature made a sweeping change to our 
marijuana laws. The possession of less than 10 grams of marijuana 
became a civil offense. However, the legislature failed to do 
anything about the paraphernalia used to smoke marijuana. This state 
was in the odd position of having the possession of less than 10 
grams of marijuana be a civil violation, while possessing the pipe 
used to smoke it was a crime.

In the 2015 session, the legislature tried to fix this inconsistency 
with Senate Bill 517. There were a number of problems with the bill 
that passed, and that is why Maryland's elected state's attorneys, 
chiefs of police and sheriffs supported a veto of the bill.

I am willing to accept the will of the people with regard to the core 
issue of the simple possession of small amounts of marijuana. I get 
it: Times are changing. Senate Bill 517 however creates problems far 
beyond the clear will of the people. I am certain that the citizens 
of Maryland do not want someone openly smoking marijuana next to 
their child at the playground or in any other public place. In 
addition, none of us want people smoking marijuana as they drive on 
the streets and highways of this state.

Even in states that have legalized marijuana, most make it a crime to 
smoke in public. All have made it a crime to consume marijuana while 
driving. This is all we are asking. It just makes sense.

I have drafted a very reasonable, common-sense compromise that 
eliminates making it a crime to possess small amounts of marijuana 
and marijuana paraphernalia while at the same time makes it a crime 
to smoke marijuana behind the wheel or in public. Let's strive for 
common-sense compromise and not override the veto of Senate Bill 517.

We should protect our children and the people on the roads of this 
state as we accept the changing times.

Please contact your local legislator before they vote on Senate Bill 
517 next week. Tell them vote no to the override.
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MAP posted-by: Jay Bergstrom