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Maryland Police Won’t Be Able To Use Marijuana Odor As Basis For Searches Under Bill That Governor Has Allowed To Become Law

As Maryland prepares for the implementation of adult-use marijuana legalization, the governor has allowed a bill to become law that prevents police from using the odor or possession of cannabis alone as the basis of a search.

This comes about a month after the legislature passed the measure from Del. Charlotte Crutchfield (D) and sent it to the desk of Gov. Wes Moore (D).

The legislation states that a law enforcement official “may not initiate a stop or a search of a person, a motor vehicle, or a vessel” based only on the smell of burnt or unburnt cannabis, the possession of a personal use amount of marijuana or the presence of money near marijuana without additional evidence of intent to distribute.

Further, the bill says police cannot search certain parts of a motor vehicle for marijuana during investigations into suspected impaired driving, including parts of the car that aren’t accessible to the driver or any areas that aren’t “reasonably likely to contain evidence relevant to the condition of the driver or operator.”

The measure, which is set to take effect as of July 1, will also lower the fine for public cannabis consumption from $250 to $50. And it clarifies

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