Lawmakers in Maryland have introduced new legislation which would legalize the recreational use of marijuana.[1]This decision follows the legalization of medical marijuana in Maryland and a nationwide movement which includes ten states and the District of Columbia who have already legalized recreational use of the substance.[2]Maryland is currently one of thirty-one states that have legalized either recreational or medical use of marijuana.[3]The nation’s view of and attitude towards marijuana is quickly changing as legislatures work to adapt their current marijuana laws and attempt to draft new legislation to meet the seemingly inevitable complete legalization of the “drug.”[4]House Speaker Michael Busch believes that legalization of recreational use of marijuana is “the future,” and plans to invest the tax revenue generated from marijuana sales into the state’s educational system.[5]

The proposed bill which would legalize the recreation use of marijuana was introduced to the Maryland House of Representatives by Delegate Eric Luedtke and to the Maryland Senate by Senator Will Smith Jr.[6]The bill would allow adults, ages twenty-one and older, to possess, consume, grow, and purchase cannabis.[7]Possession restricts would be established through the proposed legislation, allowing individuals to be in possession of one ounce of the flower form of cannabis and five grams of the concentrated form.[8]A Goucher College study, conducted in 2018, found that 62% of Marylanders “support the legalization of marijuana for recreational use.”[9]

In order to predict the impact of the recreational legalization of cannabis on Maryland, leaders from the General Assembly have asked for assistance from a “work group” to report investigate these impacts.[10]The work group will complete its investigation and report its findings before December 31, 2019, making it available for the legislative session to begin in 2020.[11]The group is placing specific emphasis on analyzing licensure, taxing the sales of cannabis, impacts on the criminal justice system, as well as any public health concerns.[12]As stated earlier, the recreational legalization of marijuana seems to be the inevitable future for both Maryland and the country as a whole. With educational systems that are struggling for state funding, especially in Baltimore City, marijuana could be a saving grace for its ability to generate tax revenue for the state. Jurisdictions within the State will have to be flexible with the new legislation in the application of the new laws in the criminal justice system, especially in law enforcement settings. The proposed legalization of recreational marijuana also comes on the heels of Marilyn Mosby, the State’s Attorney for Baltimore City, announcing that the jurisdiction would no longer prosecute marijuana possession cases.[13]Regardless of its challenges and minority opposition, the recreational legalization of marijuana seems to be a positive move for Maryland in an attempt to generate tax revenue for its educational systems and pressure from an inevitable wave of nationwide change.

Taylor Koncen recently graduated from the University of Baltimore School of Law.  He was an Associate Editor on the University of Baltimore Law Forum.  His previous publication through the University of Baltimore Law Forum was a synopsis of the Court of Appeals decision in Green v. State.  Vol. 48, No. 2.  His interests outside of law school include playing and watching lacrosse and hockey.

[1]Kyle Jaeger, Maryland Lawmakers Introduce Marijuana Legalization Bills, February 6, 2019, Marijuana Moment, https://www.marijuanamoment.net/maryland-lawmakers-introduce-marijuana-legalization-bills/.

[2]Jeremy Berke and Skye Gould, New Jersey lawmakers postponed a critical vote to legalize marijuana – here are all the states where pot is legal, March 26, 2019, Business Insider, https://www.businessinsider.com/legal-marijuana-states-2018-1.

[3]Id.

[4]Kyle Jaeger, Maryland Lawmakers Introduce Marijuana Legalization Bills, February 6, 2019, Marijuana Moment, https://www.marijuanamoment.net/maryland-lawmakers-introduce-marijuana-legalization-bills/.

[5]Id.

[6]Id.

[7]Id.

[8]Id.

[9]Maryland Lawmakers Introducing Legislation to End Cannabis Prohibition in Maryland, February 6, 2019, Cannabis Business Times, https://www.cannabisbusinesstimes.com/article/maryland-legislation-end-cannabis-prohibition/.

[10]Marijuana legalization work group to report findings in time for 2020 session, April 11, 2019, Marijuana Policy Project, https://www.mpp.org/states/maryland/.

[11]Id.

[12]Id.

[13]Lulu Garcia-Navarro, Baltimore State’s Attorney Will No Longer Prosecute Marijuana Possession Cases, National Public Radio, Feb. 3, 2019, https://www.npr.org/2019/02/03/690975390/baltimore-states-attorney-will-no-longer-prosecute-marijuana-possession-cases.