Pubdate: Wed, 01 Oct 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: Jenna Johnson
Page: B1
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

BIT OF POT WON'T LAND YOU IN MD. JAIL

Citation, 'Yoga Tax' And Wage Boost Among New Laws in Region

Getting caught with a small plastic bag of marijuana in Maryland used 
to carry the risk of both criminal charges and jail time. But once 
the clock struck midnight, Maryland's decriminalization law took 
effect, replacing criminal charges, in most cases, with a civil 
citation and a fine - similar to getting a parking ticket.

The law is one of hundreds that, as of the first day of October, are 
on the books in Maryland, the District and Virginia.

D.C. residents now have a 5.75 percent sales tax on gym memberships, 
yoga classes, car washes and deliveries of bottled water, among other 
services. At the same time, the city will give its employees up to 
eight weeks of paid leave after the birth or adoption of a child or 
when an employee must look after a family member with a serious 
health condition.

Virginia's new laws include one addressing the social history of 
minors who are being considered for placement in a juvenile 
correctional facility. And the minimum wage in Montgomery and Prince 
George's counties has increased to $8.40 per hour, part of a regional 
effort to gradually grow baseline pay so it reaches $11.50 by 2017.

Preparation for pot decriminalization in Maryland - a change that 
recently happened in the District - hasn't been simple.

Prosecutors and police had to make several decisions: How will 
officers determine the weight of the marijuana they discover?

What happens if they arrest someone for having more than 10 grams 
only to discover at the station that it was less? And given that it 
is still a criminal offense to carry drug paraphernalia - including 
bongs, pipes and rolling papers - should officers use that charge 
against suspected drug offenders instead?

The state conducted training sessions for local law enforcement 
officers. Maryland State Police drafted a new policy but the agency 
is encouraging barracks commanders to work closely with prosecutors, 
said spokesman Gregory Shipley.

"That way, we're not charging someone who's going to not be 
prosecuted," Shipley said. "We know there may be some differences."

State troopers will use their best judgment in guessing the weight of 
marijuana, Shipley said, since "the troopers won't be carrying 
scales." If it looks like less than 10 grams, troopers will issue a 
civil citation. If it looks like more than that, troopers will make 
an arrest and head to a station for an official weighing. If the 
trooper guessed wrong, the arrested individual will be released and 
issued a civil citation.

Under federal law, possession of any amount of marijuana is still 
illegal. And in Maryland, because of the danger the drug poses to 
young, developing brains, those under 21 who are accused of having 
less than 10 grams will have to pay a fine and attend a drug 
education program. For second and third offenses, the penalties escalate.

Here are some of the other new laws in Maryland:

Transgender individuals have new civil rights protections under the 
Fairness for All Marylanders Act of 2014. The law includes an 
exemption for religious organizations, private clubs and educational 
institutions.

Drivers who cause a serious crash while distracted by a cellphone 
face higher penalties: up to one year in jail, a fine of up to $5,000 
and 12 points on his or her driver's license, the point at which it 
can be revoked.

A package of laws targeting domestic violence will make it easier for 
victims to obtain protective orders and allow judges to impose 
harsher sentences for violence committed in front of children.

"Revenge porn" - when a person posts a sex tape online or circulates 
intimate photos to embarrass or harm a former partner - is illegal, 
punishable by up to two years in jail and a fine of up to $5,000.

Drunk drivers and those convicted of alcohol-related offenses while 
driving with a child under age 16 will have to install an ignition 
interlock system in their vehicles that will prevent them from 
driving if they have been drinking.

Maryland has also implemented a "Good Samaritan" law, which gives 
some immunity from criminal prosecution to a person who alerts 
authorities to a medical emergency resulting from a drug or alcohol overdose.

In the District, a family-leave benefit fulfills a campaign promise 
Mayor Vincent C. Gray (D) made in the spring .

The city's "yoga tax" was a hotly debated part of a tax package 
approved by the D.C. Council. The expansion of the sales tax inches 
up D.C. residents' overall tax bills before broader income-tax, 
business-tax and other cuts take effect, likely within two years.

In Virginia, one new law requires judges to review and consider the 
social history of a minor before ordering the minor to be committed 
to the Department of Juvenile Justice for placement in a juvenile 
correction center.

Another new law requires the state to conform with federal guidelines 
when dealing with landowners who voluntarily sell their property to 
the government for transportation projects.
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MAP posted-by: Jay Bergstrom