Pubdate: Fri, 15 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: Leigh Maddox Note: Leigh Maddox is a retired Maryland State Police captain and speaker for Law Enforcement Against Prohibition OVERRIDE MD.'S MARIJUANA VETO It's alarming that those calling for legislation specifically making it illegal to use marijuana behind the wheel don't understand the driver impairment laws already on the books. Impaired driving, whether from alcohol, marijuana or any other drug, is already illegal. We don't need a separate law to spell it out. Current law states, "A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely." Marijuana/cannabis use and possession of small amounts is a civil infraction, and police have the authority to pull over a motorist for probable cause, develop probable cause for any impairment, write a citation and possibly arrest the person for reckless driving or DUI. The impaired driving enforcement concern is nonsense. On top of that, some, including Baltimore County State's Attorney Scott Shellenberger, want to criminalize smoking marijuana in public, rather than imposing a hefty fine. There's no reason to treat public marijuana users like criminals, unless you feel it's important to waste cops' time and our tax dollars. There are far more important things to worry about. Worse yet is the proposed solution, urging lawmakers to vote against overriding Gov. Hogan's veto of a bill that would fix a loophole in our state's marijuana decriminalization law, because it does not address these unrelated demands. Since the legislature decriminalized simple possession of marijuana in 2014, Maryland has imposed a civil penalty on possessing marijuana, but the baggie used to hold it still carries a misdemeanor charge. This omission, which opens the door to the same disproportionate penalties and selective enforcement as criminal penalties for marijuana, was rightly criticized, and lawmakers overwhelmingly voted to fix it. Senate Bill 517 would fix this oversight by removing the criminal penalties for marijuana paraphernalia, while keeping in place the civil fine for the marijuana. SB 517 also included a provision to impose stiff new fines for public marijuana use - which are stronger penalties than are in place today. A civil fine is much easier to impose, acts as an appropriately harsh deterrent and doesn't waste the time of law enforcement officers who should be dealing with more important matters. Prioritizing an arrest for marijuana use in public takes that officer's time away from protecting the community from theft, domestic abuse and other violent crimes. Marylanders clearly support ending criminal penalties for marijuana altogether, so imposing what is the equivalent of a parking ticket on public marijuana consumers is a reasonable step in the right direction. Not every inappropriate or taboo behavior needs to be addressed by criminal prosecution. Defaulting to heavy-handed punishments should not be the norm in a free society. Marijuana users do not deserve the nearly 150 different collateral consequences that result from a criminal misdemeanor. Misdemeanor convictions can prevent someone from being able to enter their chosen profession or travel freely. Vetoing SB 517 appears to be a last-ditch effort for folks to cling desperately to the remnants of prohibition. As a retired captain with the Maryland State Police, I fully understand the failures of marijuana prohibition. Arresting nonviolent marijuana users has wasted countless law enforcement and criminal justice resources for decades. At every step of the arrest process, cops, prosecutors, defense lawyers and judges wade through case after case of otherwise law-abiding and peaceful individuals who just happened to get caught with marijuana. Laws that turn everyday people into criminals roll back the clock on that progress, and we can't let that happen. Marijuana laws have contributed to irreparably damaging the trust between communities and law enforcement and the justice system. The results of this mutual distrust have led to a culture of vengeance between police and their communities to the extreme detriment of overall public safety. Police can only be effective at their jobs when the community trusts them and gives collective consent for policing practices. The riots and uprisings in Baltimore in 2015 illustrate the chasm between those committed to justice locally and nationally and those committed to maintaining the status quo. Please encourage the legislature to override the veto on SB 517, fix the oversight in our initial decriminalization law, and end the era of excessive criminal penalties now. - --- MAP posted-by: Jay Bergstrom