Pubdate: Tue, 15 Apr 2014
Source: Washington Post (DC)
Copyright: 2014 The Washington Post Company
Contact: http://mapinc.org/url/mUgeOPdZ
Website: http://www.washingtonpost.com/
Details: http://www.mapinc.org/media/491
Author: John Wagner
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

O'MALLEY SIGNS POT MEASURE INTO LAW

Maryland Gov. Martin O'Malley (D) signed legislation Monday to remove 
the threat of jail time for possession of small amounts of marijuana 
but cautioned against legalizing the drug, as Colorado and Washington 
state have done recently.

Under Maryland's new law, which will take effect Oct. 1, those caught 
with less than 10 grams of marijuana will be subject to civil fines, 
starting with $100 for a first offense, rather than criminal 
sanctions. Fifteen other states and the District have taken similar steps.

O'Malley, a former prosecutor who rose to prominence as a 
law-and-order mayor of Baltimore, told reporters that he had come to 
believe that forgoing criminal prosecutions in such cases could allow 
"a greater focus on the more serious threats to the public health and 
public safety."

But he said he also thinks that Maryland should wait to see what 
happens in other states before contemplating the next step of 
legalizing marijuana and regulating it like alcohol.

"I don't believe that this would be a good experiment for us to 
engage in as a state because there are so many employment options in 
our state that require the passage of a federal background check and 
a clean record and sometimes security clearances that all of this 
could impact," O'Malley said. "But we will learn from other states, I suppose."

The governor, who is weighing a 2016 White House bid, said he 
considers it an "open question" as to whether legalization of 
marijuana would lead to "more harm or less harm . . . especially when 
it comes to the development of young minds and young brains."

His comments followed a ceremony in which he signed close to 150 
bills passed during the 90-day legislative session that concluded 
last week. It was the final session for O'Malley, who is term-limited 
and steps down in January.

Other measures that got his signature Monday included a second 
marijuana bill, which makes the drug more readily available to those 
who seek it for medical reasons. A law O'Malley signed last year 
limits distribution to academic centers, which have declined to participate.

He also signed several bills Monday meant to curb domestic violence, 
as well as "Jake's Law," which will stiffen penalties for drivers who 
cause serious crashes while talking or texting on a handheld 
cellphone. The legislation was filed in memory of Jake Owen, a 
5-yearold killed in a 2011 crash.

O'Malley did not voice his support for the marijuana 
decriminalization bill until the final day of the session.

Supporters of the bill - who included all three Democrats seeking to 
succeed O'Malley - pointed to racial disparities between whites and 
blacks in the arrest rates for marijuana possession. And they said 
the stigma of a criminal conviction can haunt people for years as 
they look for jobs.

In recent days, local prosecutors have urged him to veto the bill, 
arguing that it was hastily passed without regard to all of the 
consequences. The legislation, for example, does not include any 
criminal sanctions for smoking marijuana in public, including on 
school grounds. And while possession of small amounts of marijuana 
will be a civil offense, possession of paraphernalia, including paper 
to wrap joints, will still be a criminal offense.

O'Malley said he found it compelling that most people arrested for 
small amounts of marijuana are not sent to jail under current practice.

According to legislative analysts, in 2013, there were 19,828 
violations involving the use of less than 10 grams of marijuana in 
district courts across Maryland, of which 3,099 resulted in fines or 
incarceration.

"Very few people, if any, ever get time for smoking marijuana," O'Malley said.

Del. Nathaniel T. Oaks (D-Baltimore), who has advocated 
decriminalization of marijuana for more than a decade, said he was 
glad to see the governor come on board and attributed his position in 
part to his presidential aspirations.

"I think the times have changed, and the public is saying, ' This is 
what we want,' " Oaks said.

Del. Heather R. Mizeur (Montgomery), one of the Democrats seeking to 
succeed O'Malley, said she is hopeful that lawmakers will build on 
the decriminalization bill when they return next year under a new governor.

"Our work starts now for a more ambitious agenda in 2015: moving the 
market into the light of day through legalization, regulation and 
taxation," she said.

Her opponents, Lt. Gov. Anthony G. Brown (D) and Attorney General 
Douglas F. Gansler (D), have not pushed for legalization, though 
Gansler has suggested that it could become law in the future.

Among the other legislation signed Monday were three bills targeting 
domestic violence that O'Malley had asked lawmakers to pass.

Under one bill, someone who commits a crime of violence in the 
presence of a child at least 2 years old is subject to an additional 
five years in prison. The legislation was a priority of Gansler and 
Brown this session.

Another bill ends Maryland's distinction as the only state that 
requires "clear and convincing evidence" to receive a civil 
protective order. The legislation says that only "a preponderance of 
the evidence," a lower standard, is needed to receive such an order.

The third bill adds second-degree assault to the list of crimes for 
which a person can obtain a permanent final protective order.
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MAP posted-by: Jay Bergstrom