Carozza amendment outlaws smoking pot in public

Maryland may have decriminalized possession of small amounts of marijuana, but the state hasn't yet outlawed smoking in public. A Lower Eastern Shore legislator wants that to change.

State lawmakers last year changed marijuana possession from a criminal to a civil offense for small amounts. But legislators did not change the penalty for possession of drug paraphernalia.

That could change this legislative session. House Bill 105, filed by Del. Curt Anderson (D-43-Baltimore City), decriminalizes possession of drug paraphernalia. It means getting caught with items like a bong, pipe, or rolling papers would become an offense that gets you a citation and a fine instead of something that sends you to jail.

As possession of marijuana and paraphernalia become less serious crimes, then the act of actually smoking marijuana also becomes less of a criminal act.

And that's what caught the attention of Del. Mary Beth Carozza (R-38C-Worcester).

"We did not want that to apply to using marijuana in public spaces," she said. "We would be left with a law more lenient about marijuana in public spaces than alcohol in public. If you can't drink an open beer on the Boardwalk then it should be the same for smoking pot on the Boardwalk."

(For the record, getting caught with an open container of alcohol on the Boardwalk can still put you in jail, but that's not automatic. Whether or not a person drinking in public gets sent to jail, or instead catches a ticket and a fine, is something that's up to the police officer who catches them, according to Ocean City Police spokeswoman Lindsay Richard.)

Carozza filed an amendment to the bill, which prohibits smoking marijuana on public property. It would be a misdemeanor subject to a $100 fine.

Her amendment also prohibits smoking marijuana:

•On the mall, adjacent parking area, or other outside area of any combination of privately owned retail establishments, including a shopping center where the general public is invited for business purposes

•On an adjacent parking area or other outside area of any other retail establishment

•In a parked vehicle located on any of those places

Carozza's amendment was the only one that was approved, and had been accepted as a "friendly" amendment on the House floor. An amendment offered by Del. Haven Shoemaker (R-5-Carroll) to outlaw smoking marijuana in a moving vehicle was rejected.

The bill, which has no companion in the Senate, passed the House on March 18 in a 90-48 vote. It was slated for an April 1 hearing by the Senate Judicial Proceedings Committee.

"If this bill moves forward, I want to be sure we have the family-friendly public space as part of any final legislation that passes on this topic," Carozza said.

bshane@dmg.gannett.com

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