The Maryland House Judiciary Committee will hold a hearing in the General Assembly Tuesday, February 24, to consider a bill that make marijuana legal for adults (ages 21 and older), and to regulate and tax marijuana production and sales. The bill, HB 911–sponsored by Del. Curt Anderson (D-Baltimore City), and 30 co-sponsors–would legalize possession of up to one ounce of marijuana, as well as home cultivation of up to six plants.
HB 911–along with companion bill, Senate Bill 531–is being called the "Marijuana Control and Revenue Act." It would require the Maryland Comptroller to establish rules and regulations for the operation of cultivation facilities, product manufacturers, retailers, and safety compliance labs. It also creates an oversight commission to monitor marijuana businesses and advise the comptroller on regulatory issues.
Marijuana businesses would not be permitted to operate within 1,000 feet of a school, and localities would be able to enforce additional regulations. Public consumption and driving under the influence would remain illegal.
The bill proposes marijuana cultivation rules and would allow 100 facilities to be licensed by the Comptroller, with license fees of $10,000 year for the first year, and $5,000 each year in subsequent years. It also calls for an excise tax on marijuana cultivation facilities of $50 per oz. of marijuana flowers, $10 per oz. of marijuana leaves, or An amount the "Comptroller may set that adjusts the initial rate for inflation or deflation based on the Consumer Price Index.”
Currently in Maryland, possession of less than 10 grams of marijuana is a civil offense punishable by a fine of up to $100 for a first offense, up to $250 for a second offense, and up to $500 for subsequent offenses.
In a press release announcing the bills, distributed earlier this month, Sara Love, public policy director for the ACLU of Maryland, said, “The Marijuana Control and Revenue Act is the next step on the road to saner drug policy in Maryland. For too long, tens of thousands of Marylanders, disproportionately black Marylanders, have faced life-altering criminal penalties simply for possessing a substance most voters believe should be legalized. Now, our state has the opportunity to move beyond the tragic costs of the counterproductive ‘war on drugs’ and toward increased revenue that can be used to support policies that strengthen communities.”
Rachelle Yeung, legislative analyst for the Marijuana Policy Project, commented in the release: “The focus in Maryland this year is clear: creating jobs, improving the economy, and balancing the budget. Legalizing marijuana, and taxing and regulating it like alcohol, would help accomplish all three. Colorado is experiencing one of the highest job creation rates in the country, and it’s no secret that the burgeoning marijuana industry has been a factor. This bill would generate significant new revenue without increasing existing taxes and limit government intrusion into Marylanders’ private lives. Marijuana is a substance objectively safer than alcohol, and it should be treated that way.”
According to the press release, the fiscal note for similar legislation proposed in 2014 estimated state revenue near $140 million: about $95.6 million per year in revenue from the $50/ounce excise taxes and about $39 million in new revenue from sales taxes. State expenditures would be exceeded through the estimated $1.995 to $3.985 million in yearly revenue in licensing fees from wholesalers, retailers, and safety compliance facilities.
Supporters of the bill, including representatives of the Marijuana Policy Coalition of Maryland and the Marijuana Policy Project, are expected to testify during the hearing, which will take place in Room 101 of the House Office Building at 1 p.m. ET.
A Senate Judicial Proceedings Committee hearing is scheduled for March 4.
For more information, visit the Marijuana Policy Coalition of Marlyand, which includes the ACLU of Maryland, Criminal Justice Policy Foundation, Job Opportunities Task Force, Law Enforcement Against Prohibition, League of Women Voters of Maryland, Marijuana Policy Project, Maryland Justice Project, Maryland NORML, Maryland State Conference of NAACP Branches, Veterans for Peace, Phil Berrigan Memorial Chapter, and many other organizations.
