Marijuana Legalization Vs Decriminalization

Published on
April 16, 2018
Written by
Angel Murphy
Category
Criminal and Traffic

Although these terms are often used interchangeably by most people, the terms decriminalization and legalization are different both in their meaning and ramifications. This blog will review the distinctions between the legalization and decriminalization of marijuana in Maryland and the District of Columbia. I decided to write this blog about the decriminalization of Marijuana. I am a barred attorney practicing in the District of Columbia—where marijuana has been legalized—, as well as Maryland—where it has only been decriminalized.  This blog will review the distinctions between the legalization and decriminalization of marijuana in Maryland and the District of Columbia.

Legalization of Marijuana in the District of Columbia

When a law makes the use and possession of marijuana “legal,” it completely removes the ban of the possession and personal use of marijuana so that you cannot be arrested, prosecuted, or face criminal charges for its use and/or possession. The legalization of marijuana also allows the government to regulate and tax its use and distribution just as they would any other legal substance.District of Columbia marijuana laws provides that a person who is at least 21 years of age in possession or cultivation of a limited amount of marijuana cannot be held criminally liable. The Law also permits a minimum of six cannabis plants—with 3 or fewer being mature—in a residence at a time.

D.C. Marijuana Possession Limitations

There are limitations with the D.C. marijuana laws and most of the provisions only apply to private property. Using Marijuana on public grounds or federal property has not said to be legal. In addition, public consumption of marijuana in the District of Columbia carries a civil penalty. A maximum fine of $100. Possession of over two ounces has classified as a misdemeanor. In the long run, it carries up to six months incarceration and a $1,000.00 fine.

Decriminalization of Marijuana in the State of Maryland

Unlike legalization, decriminalizing marijuana in Maryland has to be thought of in ways.  Like if making its personal use and possession illegal with lenient and less restrictive forms of punishment that do not result in jail time or a criminal record. Decriminalization still makes the mass production, transportation, and sale of marijuana illegal. Being found in possession of smaller amounts of marijuana that has meant for personal use is still illegal. Any law enforcement has instructed to issue a civil fine. At best, instead of filing formal criminal charges against the individual.

Maryland Marijuana Possession Penalties

In the State of Maryland, possession of 10 grams or less of marijuana has to be decriminalized. A person carrying or has found more or any amount of marijuana has to have a penalty. They will have to convict a misdemeanor with fines and up to one year in jail. However, personal possession of fewer than 10 grams will face civil liability.  Most lead to a speeding ticket with a fine. Anything over 50lb may yield criminal liability. Either for possession with the intent to distribute, which is a felony in the State of Maryland.

If you are charged with a possession offense, you need an experienced attorney who can assess your potential defenses and decide how you should proceed. Our office handles marijuana possession charges in the State of Maryland and the District of Columbia. We will advocate on your behalf to ensuring your case has properly prepared to go forward in either jurisdiction. Contact Angel Murphy with The Murphy Law Firm, LLC today to schedule your free criminal consultation at (240) 493-9116 or angel@amurphylegal.com. If you are active on social media, Like us on Facebook @AMurphyLegal, Follow us on Instagram @AMurphyLegal, and Twitter @AMurphy_Legal

Angel Murphy

Personable. Passionate. Persistent.

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