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Md. Democrats resist letting marijuana odor influence traffic stops, despite crime concerns from GOP

ANNAPOLIS, Maryland — Maryland Republicans and prosecutors tried in vain Tuesday to convince the liberal supermajority in the House that a recent law turns the scent of marijuana into a protective cologne for criminals behind the wheel.

A conservative-led effort to give police officers probable cause to stop a driver for marijuana odor — and also to allow cops to search a driver’s car for illegal guns and drugs — likely saw its last day in the spotlight during the Democrat-controlled House Judiciary hearing in Annapolis, according to officials familiar with the bill’s prospects.

Current law says marijuana odor can’t motivate a traffic stop, even for driving while high, nor does it constitute “probable cause” that can legally justify a search.



Proponents for the bill said that law is especially dangerous because it shields narcotics dealers and armed criminals who used to have their vehicle inspected in such cases.

The law even states evidence seized during a traffic stop related to marijuana smell can’t be admitted in court — including when the search is consented to by the driver.

Republicans and prosecutors said the legal language gives crooks the green light to flaunt both road safety rules and perpetuate deadly crimes whenever they want to smoke a little green.  

“Criminals are savvy in most cases,” Jesse Pippy, Frederick County Republican and the bill’s lead sponsor, testified. “If I was going to transport drugs or guns through Maryland, I’d light up a joint and do it. You know why? Because my chances of them actually convicting me on all that other stuff would be very slim.”

Prosecutors stressed that the new law was affecting illegal gun seizures in the state’s most populous county.

Marot Williamson, who represented the Maryland State’s Attorney Association, said Montgomery County reported taking 119 illegal guns off the streets through early February 2023. Numbers from the same period fell to 69 gun seizures.

Maryland State Police numbers also fell during that same period, Ms. Williamson said. State troopers confiscated 21 guns in Montgomery County last year through early February, but she said the agency hadn’t seized an illegal gun through the first month of this year.

Some representatives expressed concern that allowing odor to be considered probable cause again, it would open the door for more unfair traffic stops involving Black drivers.

“What I’m talking about is how you can find that there’s more African American people that’s been charged with having cannabis [in their cars] in the past, and you don’t want to bring it up now,” Frank Conaway Jr., Baltimore Democrat, said in a testy exchange with Mr. Pippy.    

Other Democratic committee members questioned why cops couldn’t pull someone over for smoking marijuana while driving if doing so is already illegal under state law.

Baltimore County State’s Attorney Scott Shellenberger, a Democrat who testified in favor of amending the law, said that without using odor to establish probable cause, there is little recourse for officers to do anything more.

When cops pull over erratic motorists, he said, one of the first things they can observe to establish probable cause for drunk driving is the smell of alcohol. That allows police to then conduct a field sobriety test to verify their suspicion.

If police pull someone over who appears to be smoking marijuana, they have no additional tools to justify stopping them for that offense without referencing the drug’s distinctive scent.

Current law allows people to have up to 1.5 ounces of marijuana — the legal limit for personal possession — on them during traffic stops.

Wads of cash, another indicator that a driver may have ties to the drug trade, also can’t be used as probable cause during stops.

There are also no reliable field tests to verify how recently a person smoked. Marijuana can stay in someone’s system for days, or even weeks, after they consume the drug.

Mr. Shellenberger told The Washington Times that removing odor as a form of probable cause is discouraging police from investigating marijuana-related road violations. As a result, it’s letting criminals move more weapons around the state.

“The simple fact is that, unfortunately, people who have a number of drugs in their car also tend to have guns,” Baltimore County’s top prosecutor said during the hearing. “We believe that by making this baby step forward, allowing us to at least come close to treating marijuana like alcohol, makes a great deal of sense.”

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