Md. lawmakers pass bill to bar police stops, searches based on smell of marijuana
The smell of marijuana will no longer be enough to justify a police stop or search under a bill that Maryland lawmakers passed.
House passes bill removing marijuana smell as probable cause for police
The House of Delegates passed legislation that would bar police from detaining individuals simply because they smelled of marijuana.
Bill removing marijuana smell as probable cause clears House hurdle
The House of Delegates gave preliminary approval to legislation that would bar police from detaining individuals simply because they smelled of marijuana.
Smell of marijuana justifies investigatory stop, Md. high court says
The sharply divided court ruled that officers may briefly stop and question a person who smells of marijuana though possession of less than 10 grams is not a crime in the state.
Don’t confuse marijuana decriminalization, legalization, Md. court says
A Maryland appeals court has expressed exasperation with defense attorneys who it said confuse marijuana decriminalization with legalization.
Md. lawyers recall Ginsburg as sharp, intellectual, respectful
Douglas F. Gansler on Monday recalled as bittersweet Justice Ruth Bader Ginsburg’s interjection while he was arguing before the Supreme Court that the prohibition on police officers questioning suspects who have invoked their right to counsel expires after a period of years, enabling police to resume interrogation after reminding defendants of their Miranda rights. Ginsburg […]
Odor-based pot arrests are unconstitutional: Md. high court
Police officers lack probable cause to arrest and search someone for marijuana possession simply for smelling of the drug, because possession of less than 10 grams of marijuana is not a crime in Maryland, the state’s top court unanimously ruled Monday. In its 7-0 decision, the Court of Appeals said enabling police to arrest and […]
Cause to arrest, search? High court weighs issue of pot odor.
ANNAPOLIS — Police have probable cause to arrest someone for marijuana possession and to search him or her if they clearly smell the drug on the person – even though possession of less than 10 grams of marijuana is not a crime in Maryland, an attorney for the state told Maryland’s top court Thursday. Assistant […]
Law enforcement seeks to differentiate legal cannabis from contraband
Rapidly changing law on marijuana use and possession in Maryland, from the decriminalization of small amounts to the legalization of medical use, has left some law enforcement officers wondering what the presence or odor of marijuana means for them when they are conducting stops and searches. In the two years since medical cannabis was legalized […]
High court to consider whether pot odor gives cause to arrest
Maryland’s top court will consider whether police have probable cause to arrest someone for marijuana possession if they smell the drug clearly on the person – even though possession of less than 10 grams of marijuana is not a crime in the state. The Court of Appeals agreed this week to review a lower court […]
Md. high court: Burnt-marijuana smell does not justify arrest, search
The smell of burnt marijuana emanating from a car may give police probable cause to search the vehicle but not to arrest and search the occupant unless the officers had probable cause to suspect he or she possessed at least 10 grams of the drug or was driving under its influence, Maryland’s top court ruled […]
Simon stands: Justices decline review of K-9 sniff case
The U.S. Supreme Court will not review whether drug-sniffing dog Simon’s failure to give a definitive alert to Ocean City police nevertheless gave the officers probable cause to search a car for illegal contraband. The justices on Monday let stand without comment lower court decisions that Simon’s jittery behavior – though short of the certain […]