Senator Brian Feldman of Montgomery County introduced
a bill to remove convictions for marijuana use or possession of less than
10 grams from criminal records. On
October 1, 2014, marijuana was decriminalized if using or possessing less than
10 grams. This bill is aimed at removing
these types of convictions that occurred before the change in the law. Feldman believes, “We shouldn’t have folks,
particularly younger folks, prejudiced”
Feldman continued, “[I]t just seems incongruent to have on the books
prospectively that this is no longer a crime and yet have thousands of young
Marylanders hampered with this criminal record.”
One
problem with this bill if it were to pass is that prior to this law change,
police officers did not record the amount of marijuana found on the person when
arrested. Therefore, it would be
difficult to determine who would actually be affected by this bill’s
passing. Another potential problem would
be that necessary background information for firearms checks and employment
would disappear. But, the main objective
of this bill is to allow people who were convicted of what was once a crime,
but is no longer a crime, to find employment, education, scholarships, and
housing.
Police
officers, on the other hand, oppose the bill because they believe it will make
their jobs less safe since less information will be available. Feldman said he would be willing to amend the
bill to shield these convictions prior to October 1 instead of completely
expunging them. With this amendment, law
enforcement officers would still have access to the records, but employers
would not.
If
the bill were to pass in its original form, individuals who want their records
expunged of these low-level marijuana-related convictions would have to pay a
fee to the state.
If you or a family member has been
charged with a criminal drug act and would like a free legal consultation
please contact our office at (301) 854-9000 or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/
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