Marijuana Legalization in Maryland

This toolkit is a conceptual resource for community advocates in Maryland who are working to ensure that racial justice is centered as cannabis (marijuana) is legalized and tax dollars are distributed from the newly legal cannabis market. The toolkit also offers a framework and insights to advocates from other states working to ensure reparations is at the core of cannabis legalization where you live.

"Did we know we were lying about the drugs? Of course we did.” — John Ehrlichman, Nixon’s former aide.

This intentional smear framing and more than 50 years of propaganda spewed by the media and politicians has not only allowed law enforcement to unfairly target and criminalize Black people, but it has also seeped deep into our subconscious: the idea that Black people are inherently criminal. Understanding this, we must be intentional about unlearning and rejecting this notion.

In this Thinking Freely episode, we'll examine that question and see if communicty reparations are possible for those communities most harmed by the "war on drugs" – a war whose ramifications are still felt today.

Starting on July 1, 2023, marijuana will officially become legalized in Maryland for adults 21 and up. This also includes a new law that bans police stops and searches based on the alleged smell of marijuana. But is that enough for Maryland to become a model for marijuana and racial justice?

Marylanders and people across the nation have overwhelmingly voiced that there needs to be an end to the war on marijuana.

People in Maryland overwhelmingly voted to begin the legalization of marijuana. Now, it’s time to take action and reverse the oppressive effects of this racist “war.” Removing criminal penalties for marijuana related offenses and prohibiting police from using the odor of marijuana as a basis to conduct warrantless searches are the next steps we should be taking.

Effective July 1, 2023, the police practice of stopping and searching Marylanders based solely on the smell of marijuana will be against the law.

That is why the ACLU of Maryland (ACLU) has sent a letter to police departments across the state to ensure all personnel are made aware of the changes in the law. It is crucial that police departments are adequately informed of these changes, so that the new rights of Marylanders are protected from violation and that law enforcement agencies are cautioned about the consequences of unlawful investigations.

The Maryland Coalition for Justice and Police Accountability (MCJPA) push for clear “exclusionary rule” that would ban police from using evidence obtained from a stop or search based solely on the odor of marijuana.

HB 1071 prohibits police from conducting stops and searches based on the odor of marijuana. But without a clear “exclusionary rule,” the bill will not effectively deter police from violating this important new rule of law.

Have you been stopped or searched by police for the odor of marijuana in Maryland?

The ACLU of Maryland is gathering data about general marijuana enforcement. This form is not a request for legal advice or representation. We will not publish, provide, or share personal identifying information without the explicit permission of the person submitting the form.