![]() She noted that many dealings with law enforcement officers begin with something as innocent as the smell of cannabis. The juvenile’s public defender, Michele Hall, berated the Maryland Police Department for engaging in aggressive policing by using the smell of cannabis as an excuse to justify a search, especially in communities of people of color. His lawyer argued in court that Officer Walden had no legal reason to stop and frisk him. He was not named in the appeal case because he was a minor at the time of his arrest. Officer Walden frisked another young man, discovering inside his waistband a 9 mm handgun containing a magazine with rounds. Officer Moser frisked one of the men, found a gun in his waistband and handcuffed him. Officer Walden was worried that one of the group was armed, so he and Officer Moser decided to search the young men for firearms. The response was evasive and non-cooperative as they snickered and laughed. He asked the young men if any of them lived in the building. The officer testified that he was fearful for the safety of his fellow officer and himself since they were outnumbered. Officer Walden instructed the young men to have a seat on the stairs which they did. The officers arrived at the building and just as they opened the front door, the five men were walking up the steps, smelling strongly of cannabis. They were allegedly playing loud music and smoking Controlled Dangerous Substances (CDS). The call involved a group of 5 young males reported to be in the basement of one of the buildings. Officers Jeffery Walden and Alexandra Moser responded to a call for service on Novemat 7:42pm at an apartment complex in Capitol Heights, Prince George’s County. It may also include driver’s license suspension and participation in a supervised work program. Third and subsequent offense: a fine up to $500, attendance in a drug education program and referral to substance abuse evaluationįor those younger than 21, possession of less than 10 grams would require attendance in a drug education program and a referral to a substance abuse evaluation.It is still a criminal offense to possess more than 10 grams of cannabis.Possession of paraphernalia is still a criminal offense with one year in jail and a $1,000 fine.Civil offense subject to a citation rather than a criminal offense. ![]() Decriminalized possession of less than 10 grams of cannabis.This latest ruling is a step in the right direction to putting an end to finding minor excuses for searches. Jaros believes that the police should not have the power to investigate citizens for something as innocuous as the smell of cannabis. Professor David Jaros of the University of Baltimore Law School interprets these rulings by the courts as an indication that they are finally upholding the 2014 cannabis decriminalization legislation. This new decision also limits the types of violations that authorize police intervention, including the search of individuals for weapons. The court sided with the defendants that the smell of cannabis alone does not warrant police involvement. ![]() This decision is in response to the many cases brought before the Maryland appeals court, the second-highest court in the state. “Because an officer cannot tell by the smell of marijuana alone that a person is involved in criminal activity, we hold that the odor of marijuana, by itself, does not provide reasonable suspicion to conduct an investigatory stop.” In her opinion on the subject, Judge Kathryn Grill Graeff weighed in with the following statement: I will also cite the case that precipitated the ruling and explain its ramifications. In this article I will discuss how the 2014 legislation to decriminalize cannabis has led to this ruling. A “reasonable suspicion” that a crime is being committed is required before Maryland police can detain an individual. In a decision issued at the beginning of May, 2021 a Maryland appeals court has issued a ruling that the odor of cannabis alone does not constitute probable cause to justify a police search under the Fourth Amendment.
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