Pubdate: Fri, 22 Jan 2016
Source: Baltimore Sun (MD)
Copyright: 2016 The Baltimore Sun Company
Contact:  http://www.baltimoresun.com/
Details: http://www.mapinc.org/media/37
Author: Pamela Wood

MARIJUANA PARAPHERNALIA WON'T BE A CRIME IN MD.

Assembly Overrides Five of Hogan's Vetoes From 2015

Having a marijuana pipe or rolling papers won't be a crime in 
Maryland any longer.

The General Assembly, led by Democrats, overturned five of Republican 
Gov. Larry Hogan's vetoes on Thursday. One result is that a bill 
making possession of drug paraphernalia a civil offense and setting a 
fine for smoking marijuana in public will become law.

The state will also receive more tax revenue from online hotel 
bookings. Police and prosecutors will have to prove cash and other 
assets are tainted before seizing them from suspects in criminal 
investigations. And an Annapolis arts center will get $2 million from 
the state. All of the laws go into effect next month.

The measures were vetoed by Hogan after last year's legislative 
session. General Assembly leaders plan to take up one more veto, of a 
bill that would allow felons to vote as soon as they leave prison 
rather than waiting to complete parole or probation. The House of 
Delegates voted Wednesday to override, but the Senate postponed its 
vote until Feb. 5, when a vacant seat in the chamber is expected to 
be filled. The vote is expected to be close. "We want to make sure 
everybody's here," said Senate President Thomas V. Mike Miller, a 
Calvert County Democrat.

The bill decriminalizing things used for smoking marijuana - such as 
rolling papers, pipes and bongs - was debated extensively in both 
chambers Thursday.

Supporters of the bill said it fixes an oversight. In 2014, lawmakers 
reduced possession of small amounts of marijuana from a crime to a 
civil violation with a fine. But they failed to decriminalize smoking 
paraphernalia, meaning that a person with a joint of marijuana might 
be fined for having the drug but face a criminal misdemeanor charge 
for the rolling paper.

"This bill is really a correction to what we did a couple years ago," 
said Sen. Robert A. Zirkin, a Baltimore County Democrat who sponsored the bill.

Del. Ann Kaiser, a Montgomery County Democrat, said not 
decriminalizing paraphernalia would be like making eating blue crabs 
legal, but not Old Bay seasoning. That, she said, would be "inconceivable."

Opponents said police officers wouldn't be able to charge people for 
using marijuana while driving, but supporters said police could still 
use driving while under the influence laws to arrest people who drive 
while high.

Hogan's office issued a statement saying lawmakers refused to 
negotiate "and instead opted for the political spectacle of a veto 
override." The statement continued: "With these votes taken, we are 
at least hopeful that members of the General Assembly can now partner 
with the governor to move Maryland forward, instead of dwelling on 
last year's issues."

The overrides of two hotel tax bill vetoes were cheered by the hotel 
industry, including Marriott International, which is headquartered in 
Montgomery County.

Supporters of the legislation - mainly Democrats - said the bills 
require online companies that book hotel rooms, such as Expedia and 
Airbnb, to pay hotel taxes to the state. Under current law, the 
companies charge consumers for the tax, but pocket some of the money. 
One of the laws applies statewide, while the other law specifically 
covers Howard County.

Katherine Lugar, president of the American Hotel and Lodging 
Association, cheered the legislature's action, saying it ensures that 
"online travel companies will no longer exploit this tax loophole." 
But a spokesman for the Travel Technology Association, which 
represents online companies, said the legislature "once again caved" 
to Marriott, which is seeking new headquarters and has raised 
concerns about Maryland's business climate.

Republicans said the issue should be put on hold because Maryland's 
comptroller has a filed a lawsuit that contends online firm 
Travelocity owes the state $6 million in hotel taxes.

As a result of another veto override, a new law will place the burden 
of proof on police and prosecutors when they seize assets such as 
cars and cash during investigations. The law also prohibits police 
from seizing less than $300 unless the money can directly be tied to 
drug distribution.

Current law allows local and state agencies to seize assets from 
someone even if they're not charged with a crime and forces 
individuals trying to recover assets to prove that the assets are not 
ill-gotten gains.

Supporters of the law said sometimes people have their belongings 
taken by police, are never charged with a crime and then must hire 
lawyers to get their belongings back. Others argued that the law ties 
the hands of police and prosecutors trying to crack down on the drug trade.

Both chambers easily overturned a lineitem veto in the budget that 
eliminated $2 million for the Maryland Hall for the Creative Arts in 
Annapolis. The arts center sits in the district of House Speaker 
Michael E. Busch, and many saw Hogan's veto as punitive.

The remaining question is whether the Senate can overturn Hogan's 
veto of a bill allowing felons to register to vote as soon as they 
are released from prison, an issue that has generated strong feelings 
on both sides.

Under current law, they must first complete their parole or 
probation. An estimated 40,000 ex-convicts would be allowed to 
register to vote sooner if the bill becomes law.

The Senate plans to vote Feb. 5. By then, Democratic leaders expect 
to fill a seat that's been vacant since Karen Montgomery of 
Montgomery County resigned Jan. 1. The delay suggests that Senate 
leaders don't have the minimum 29 votes needed to override the governor's veto.

When the delay was announced, Sen. Stephen S. Hershey Jr., the 
Republican whip, noted that 46 senators were present in the chamber, 
but 47 might be present on Feb. 5. "We're not waiting for that, are 
we?" he asked. Miller immediately responded: "Yes." Though the quick 
override of five vetoes represents a defeat for the Republican 
governor, Democratic leaders framed the overrides as policy 
decisions, not a political statement.

"For whatever reason, the governor chose to veto these bills and the 
legislature reaffirmed its commitment to their passage," Miller said. 
"This is not a shot across the bow at the governor. It's a question 
of good government and reaffirming the policy that we adopted."

Busch noted that all of the bills were approved with a clear majority 
last year - some with bipartisan support.

"I think you have to stand up for the policy initiatives you passed," 
Busch said. "We're partners in government. We're not a rubber stamp 
in government."

The veto overrides nonetheless disappointed Republican lawmakers.

"I think on most of these issues, the majority party is on the wrong 
side of where most Marylanders are," said House Minority Leader Nic 
Kipke of Anne Arundel County.
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MAP posted-by: Jay Bergstrom