Now, for a $50.00 ticket, the Police Officer who has just worked several 12 hour shifts has to go to Court for this civil citation usually on their day off when they could be sleeping in for once and the next thing they know, you are a no show. In fact, let's say you don't even pay the fine. Do they or can they issue a warrant for your arrest, NO! It's a civil citation, period.
According to the new legislation it is NOT a criminal offense. HOWEVER, let's say you get pulled over and they instead find you in possession of a pipe with only residue in it and let's even say they find an empty baggie that used to have pot in it. Believe it or not, BOTH are considered paraphernalia. BOTH are considered a criminal offense and they can charge you as such. How stupid is that!
Now, if you don't pay the fine and you don't go to Court, they are currently under law supposed to issue a bench warrant for your arrest. Hardly makes sense, right? Well I'm told that legislation is expected to be changed this year so it is no longer a criminal offense. We'll see about that.
Here's the kicker though. Going back to the first part of this Post, so now you didn't pay the fine, you didn't show up for Court, what happens if you get pulled over again and an Officer finds 5 grams of pot in your car. Guess what, NOTHING HAPPENS. The first incident is considered incomplete and NOTHING shows up on your record. This can happen a hundred times and NOTHING happens to you. Because it is a civil citation and not criminal, they can't even suspend your drivers license.
Our Legislators have created a mess with the way they decriminalized pot. They need to go back to the drawing board and STOP wasting not only Police Officers time but they're wasting the Courts time as well.
One can only hope our legislators in Annapolis will see this article and realize they completely screwed up. I can only imagine how frustrating this must be for Officers, Judges and States Attorneys. It's time to get it straightened out and I do mean immediately.
21 comments:
What is the difference between this and any other civil situation? Other than creating a controversy where there is one, of course.
I'd worry about this when the sissy police start doing their jobs ARRESTING ILLEGAL ALIENS.
9:42, Well, if you get a parking ticket in Salisbury, (for example) and you don't pay the ticket or show up for Court, they can and they will not allow you a new drivers license. If you don't pay child support, ARE YOU READY, it's a civil citation and they can take away your drivers license.
This new legislation on pot is just plain stupid. To think we have Legislators in Annapolis who created such stupidity is simply amazing. It sends the message out to those violators to NOT pay the fine and NOT go to Court and if you think these people are stupid, THINK AGAIN!
How do you think I came across this information in the first place. I'll tell you, it's NOT because I smoke pot or because I violated the law. I got it because someone is frustrated.
Furthermore, WHY should ANY Police Officer even think of writing a ticket? Why should ANY States Attorney file ANY charges on the residue or pot bag? They know the law is going to change very soon and more than likely these minor and ridiculous criminal charges will also be decriminalized.
HOPEFULLY our Legislators will get their act together very soon.
WHY IN THE HELL didn't they consult with the people that enforce these laws before they cost and make it tougher on the people that have to enforce the stupid laws they pass.
This craziness is why I'm glad to be old.All the pot & booze is behind me and I don't miss it.
I don't smoke pot and I think cigarette and cigar smokers should be keelhauled regularly just on principle... but as much as I hate smoking in general chasing gram level pot smokers is an insane waste of LEO resources. The sooner this boondoggle is legalized the better.
Joe,
I know a Sheriff, who echoed your exact sentiment the day after it was "decriminalized". Went as far as to post a status update on Facebook telling folks the same thing.
Easy solutions...dont write any pot citations...
Joe,
It was done that way on purpose, don't let anyone full you... But as all should know, if you want to decriminalize something, you have to start somewhere...
But lets not forget the people put laws into place not for common good or to help people, but to make you criminals in some way shape or form and they passed all these laws for cops to invade your privacy and to be able to ruin your life so, you can't expect them to take that all away no can we...
Also lets not forget, this is at the officers discretion, which means it is up to him what he does or thinks 10 grams or more looks like... they will not have scales so who is to say, the cops won't say it is more than 10 grams and still lock you up???
they still want you in jail, and they still want your money, that is why they did not remove or add language about paraphernalia...
AND which is why, they won't revisit the language either...
10:36, Thank you for your comment. This article should bring forth some really interesting comments. Hopefully Officers will find the time to make comments as well because I have already made contact with several legislators in Annapolis who are spreading the word around the Capital Bldg today. The more information they can see the better they'll be able to understand how bad this is and how to hopefully fix the problems.
Dont count on it ever being fixed or make any sense.The decriminalizing was done that way on purpose, to make some happy by pretending its now legal, yet leaving the paraphernalia charge to make leo's happy. Who's going to have a cpl grams of recreational smoke with no way to smoke it? More important reasons are....these are gateway crimes: it would take away the "I smell it" reasons to search you, your vehicle or your home, justification to throw their arm threw your steering wheel and shoot you in the chest. How would they retrain their dogs? Drug sniffing dogs dont carry scales.. How would leo's make their monthly quota's? This would also effect the justifications for those "papers please" road blocks. Though some pressure might been seen once they figure out how to make even more money buy taxing it...
It makes no sense for someone to have to show up in court. You don't go to court for a speeding ticket. You have the option to ask for a trial, but you can also pay the ticket and move on.
10:36 you are absolutely wrong. As soon as the legislation was passed but before the law went into effect on 10/1/14 states attorneys met with people from the AG's office and had a great deal of discussion about the new marijuana law. The Legislature's failure to address the issue relating to paraphernalia was discussed in great detail. Legislation on related paraphernalia will is forthcoming, I assure you. There were other issues discussed as well. Interestingly enough, there were as many opinions on how to enforce the new law as there were attorneys present. I agree that this is nothing more than a stepping stone to total decriminalization and legalization. But there are many more serious issues that currently face the law enforcement officers as they try to enforce these "civil" issues. One that comes immediately to mind is probable cause to search. The definition of probable cause has been similar for decades. Probable cause is that amount of evidence available to a reasonable and prudent police officer in light of his training, knowledge, and experience, to lead him to believe that a crime has been or is being committed and that the person to be arrested or search commited that crime.
Imagine this scenario: A police officer watches someone smoking a joint. He approaches the suspect and when the suspect sees the police officer, the suspect puts the joint out and puts it in his pocket. The officer sees this and reaches into the suspects pocket and retrieves the joint because it is evidence. Legal, right? Good search? I would suggest that as soon as a good attorney gets a case like this, he will challenge the search. You see, probable cause relates specifically to crimes being committed. NOT civil infractions. But the officer (not the States Attorney because they will not be present during this civil proceeding) could argue that the possession of the marijuana is still a crime under Federal Law. See how this gets muddy? Now lets say that when the officer reaches into the suspects pocket, the suspect swats the officers hand in protest of the search. Does a citizen have a right to resist an unlawful arrest or search? Now lets say the officer gets his hand swatted and attempts to arrest the suspect for second degree assault. Good arrest or bad? If the suspect resists and is seriously injured, should the officer be responsible for carrying out the procedure established by the AG's office? This law was so ill prepared or thought through that it should be immediately repealed. Make marijuana legal or illegal. Anything in between is utter non-sense.
Get the heck over it all and drop it and Lets all Smoke Another joint and chill the hell out. All this whining is messing with my buzz...LOL
The law serves it's intended purpose. That is to reduce the amount of minority infractions. Numbers look better.
The paraphernalia pert of decriminalizing marijuana is ludicrous, bordering on absurd. It still penalizes people for using the substance, while the "less than" parades as a lessening of restrictions.
If an officer finds x amount of heroin in a vehicle along with syringes and a burnt spoon, the paraphernalia charge serves to bolster the concept that heroin is not decriminalized.
Mot so with marijuana. Items related to the use of the substance are considered criminal.
To consider that a person in possession of such "tools" to use this decriminalized substance is guilty of a criminal offense is cries out for an examination of logic.
I would go so far as to say that it demands an explanation to the citizens of Maryland.
Let's get this straightened out, Legislature. Look at what successes other states have had with decriminalization and use the best parts of them instead of, as you so often do, try to reinvent the wheel.
The should make it so it is legal to grow at your residence for your consumption. If you are caught distributing, make it a harsh offense. It's an F-ing plant that "your god" put on the earth. Did he not?
It should be just like livestock. If you are raising it for your own consumption, there is ZERO regulation. As it should be.
Why do cops have anything to do with civil matters anyway? Poor discretion by police. They don't have to mess with anyone over pot. Just like speeding. You don't have to be ticketed. Cops waste their own time! And besides.....weed gives cops probable cause. There is your waste. Searches for more drugs and none turn up.
Cops should never have input on law making. Ever!
Ridiculous statement. Most Officers would say to make it legal rather than go through all of this. Or make it illegal again.
Thanks, OweMalley! He and his 'buds' in Annapolis must have been chooming at top speed when they decided to make use of this substance more attractive.
Pandora's Box is now open!
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