Marijuana Decriminalization’s Local Effect

Frostburg, MD- On October 1^st, Maryland became the 18^th state to either decriminalize or legalize marijuana after new possession laws went into effect. The new legislation decriminalized the possession of small amounts of marijuana, fewer than 10 grams. Previously, if a person was found to have any amount of marijuana it was considered a criminal offense; now it is a payable civil citation and it will not show up on the Maryland case search. It also means that a court appearance is not mandated if the individual is 21 years of age or older.

However, “marijuana has not been legalized,” Frostburg State Chief of Police Cynthia Smith reminds students. “It is still a violation of federal law, it is still a violation of university policy, it’s still against the law,” said Chief Smith. Not only is possessing marijuana guaranteed to warrant police action, but the law is currently a little rough on the edges. Regardless of how much marijuana a violator is found with, so long that it is less than 10 grams, the fine remains a static $500. In addition to an already steep financial fee, “if you’re under 21 and you appear in court, they are also mandating a marijuana drug assessment at the cost of the person cited,” said Jeff Graham, the Assistant Vice President of Student Conduct of FSU. “You’re going to go to court, you’re going to pay a fine, and you’re going to have to pay for an assessment,” said Graham who wants every student to realize the gravity of a possession charge, even under the new law.

Another issue with the law as it stands now is that any marijuana-related paraphernalia found in someone’s possession is still considered a criminal offense. Both Graham and Chief Smith commented on this stipulation and said that this was something that legislators were probably going to amend eventually, but at the moment that is the written law. “You got less than 10 grams in the baggie, the baggie could be considered paraphernalia,” said Chief Smith, “As the law stands right now, that’s the way it is.”

With the introduction of decriminalization in Maryland one might expect the number of marijuana-related arrests to consequently rise; however, according to Chief Smith that figure has remained consistent, even lower than average in the Frostburg area. “It’s not on the rise, but honestly sometimes it feels like it is,” said Chief Smith, “I think with the change of the law, the decriminalization of less than 10 grams of pot, there is the potential to see an increase.” This data is closely monitored by Jeff Graham: “This year we’re probably between five to eight marijuana arrests so far. We usually average around 30 to 35 marijuana arrests each year,” said Graham. One student has been charged with distribution of marijuana, a felony offense.

While being charged with possession of marijuana is less strict legally, the financial aspect of it is very punishing. And still charging violators criminally for paraphernalia makes the law a bit hypocritical. How many people walk around with loose marijuana in their pocket with no baggie?