Md. public defender, legislators raise awareness of expungement, cannabis law changes

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Political and legal leaders gathered in Baltimore’s Mondawmin neighborhood Thursday to spread the word about new laws that are aimed at easing the criminal justice system’s disproportionate burdens on Black Marylanders.

Thursday’s news conference at the Center for Urban Families focused on the REDEEM Act, which shortens the period of time before certain crimes are eligible for expungement, and a new statute that prohibits police officers from using the odor of cannabis to justify stops or searches.

Recreational cannabis became legal in Maryland on July 1, the same day that the odor of cannabis law took effect.

“The intent here, obviously, was that we did not want to have people of color, and I’m going to say Black people in particular, to have any more brushes with law enforcement than they needed to,” said Del. Charlotte Crutchfield, a Montgomery County Democrat who sponsored the legislation.

“We wanted to make sure that what is legal really is legal.”

Maryland Public Defender Natasha Dartigue said that between 2015 and 2017, 96% of people arrested for marijuana crimes in Baltimore were Black. Taking away the odor of cannabis as a justification for stops and searches will hopefully reduce police encounters and interactions with the legal system, she said.

“But to be clear, those of us who are assembled here today, who work in the community and work with the community, we know that this is just a drop in the bucket,” Dartigue said. “We have much work to do to continue to tackle racial disparities that plague our communities throughout the state of Maryland.”

The law passed during the last minutes of the 2023 legislative session and took effect without Gov. Wes Moore’s signature. The legislation does not prevent police officers from using the smell of cannabis as one factor if they’re investigating whether a driver is under the influence; the odor just can’t be the only justification for a stop or search.

Dartigue highlighted another new law Thursday: SB 653, which says that cannabis use by a parent does not qualify as neglect in Child in Need of Assistance cases unless the child’s health or welfare is harmed.

Lawmakers also passed the REDEEM Act, which allows qualifying charges to be expunged sooner than was previously possible. Under the law, misdemeanors that used to require a 10-year waiting period can now be expunged after five years; the small number of expungeable felonies that used to require a 15-year waiting period can now be expunged after seven, with some exceptions.

“We know that a criminal record is a significant and sometimes debilitating barrier when we’re talking about getting work or finding decent housing,” Dartigue said.

“Reducing these expungement times will allow individuals an opportunity to move forward more quickly and positively in their lives.”

The REDEEM Act takes effect on Oct. 1.