The issue:
With the voters of Maryland voting to legalize recreational cannabis in the November 2022 General Election, people should not have to worry about being incarcerated for cannabis related offenses. But existing criminal penalties for possession above the 2.5oz civil possession amount and for possession with intent to distribute still present Marylanders with the possibility of being exposed to the criminal justice system as a result of cannabis.
What does the legislation do?
Given the history of law enforcement disproportionately charging Black people with these offenses, leaving these criminal penalties intact will only extend Black people’s exposure to incarceration. This bill removes criminal penalties for possession of cannabis, above the civil limit, and removes criminal penalties for possession with intent to distribute.
The issue:
The use of odor searches and cannabis prohibition policies more generally have been used as a tool for law enforcement to justify stops and searches. Black people are overwhelmingly represented among those who are stopped and searched on the basis of the odor of cannabis. This allows for Black people to have more contact with law enforcement, which has often led to Black people experiencing police violence and mistreatment.
What does the legislation do?
This bill says that law enforcement can not use odor searches as the sole basis for a search.
The regulation of the recreational cannabis industry is extremely complex, especially with the added objective of making sure that Black people in MD have substantial access to and participation in the industry. There are limitations of adhering to racial neutral language, due to recent Supreme Court rulings. In addition, there is a huge disparity in access to capital between Black people and white people. This means there are limited ways to make sure Black people get a significant foothold into the industry.
Cannabis Taxation
In 2022 the legislature established the Cannabis Business Assistance Fund. Its purpose is to provide support for “minorities” (Black people) to get access to the various aspects of the industry. Governor Moore invested $40 Million into this fund back in January 2023, which is a great start. More investment needs to be put in this fund to address the disparity in wealth between Black people and white people that puts our community at a competitive disadvantage in the cannabis industry.
The tax rate in MD for recreational cannabis is starting at 6% and will graduate to 10% in 2028. This would make MD’s tax rate the lowest in the country. The stated purpose of such a low tax rate is to make sure that prices for regulated cannabis businesses are competitive with illegal market prices. We recommend that Maryland start with a 10% tax rate and then graduate to 15%. With the limitations on getting Black people access to the most lucrative areas of the industry, the most effective way of getting Black people (particularly working class Black people) access to the resources is through the Cannabis Repair and Reinvestment Fund. A low tax rate means less money for the fund. If the legislature is not willing to raise the tax rate, then it should raise the annual percentage of the tax revenue that goes to the fund from 30% to 60%.
The issue:
The Police Accountability Act of 2021 required each jurisdiction to establish Police Accountability Boards. These boards, ideally, would be comprised of community members that represent the community. While the new accountability framework invites more external involvement in the discipline and oversight of police officers, they are still largely reliant on an investigation conducted by the department.
What does the legislation do?
This bill would allow for PAB’s to have an independent, external investigations to ensure transparency..
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