Maryland Gov. Hogan Allows Bill To Implement Marijuana Program Take Effect Without His Signature

Maryland's House of Delegates gave the green light to two bills in February that would allow state voters to decide in November whether to legalize recreational marijuana possession and use for adults over 21.

Now, after both chambers recently passed separate measures to put the reform question on the November ballot to implement the process, Gov.  Larry Hogan (R) seems to be reserved on the issue.

While the development came after weeks of debate between the House of Delegates and Senate on three separate marijuana bills, Hogan announced Friday that he included cannabis legislation in a list of bills he is not signing or vetoing, allowing to take effect without his signature, reported Marijuana Moment.

Legislations HB 1, the referendum measure, and HB 837, the implementation bill, were sponsored by Democratic Del. Luke Clippinger of Baltimore, who led a legislative cannabis workgroup formed by House Speaker Adrienne Jones (D).

The third measure, SB 833, from Sen. Brian Feldman (D), as initially introduced, would have set up regulations for the industry including tax policy, licensing, and more, and also be subject to voter approval. That bill was replaced with the language of HB 837.

After the House Judiciary Committee concurred with the amended version and sent it back to the floor earlier this month, HB 1 passed the full chamber in a 94-39 vote. Clippinger, who chairs the committee, said earlier that the legislation amounted to "important first steps" toward reversing years of marijuana convictions. Being a constitutional amendment, the referendum measure does not require the governor's approval.

What's In HB 837?

HB 837, poised to set basic rules for the adult-use program concerning issues such as penalties and expungement, once approved and enacted, would allow the purchase and possession of up to 1.5 ounces of cannabis for adults.

The measure also would remove criminal penalties for possession of up to 2.5 ounces. Under the bill, adults, 21 and older would be allowed to grow up to two plants for personal use and gift marijuana without remuneration.

Past convictions for conduct made legal under the proposed law would be automatically expunged, and those currently in jail or prison could apply to the court to have their sentence reduced to time served.

"Maryland is poised to replace the disastrous policy of prohibition with equitable legalization," Karen O'Keefe, state policies director for the Marijuana Policy Project told Marijuana Moment. "The legislature has put in place important provisions to legalize possession and home cultivation, to expunge some records and release some cannabis prisoners, and to lay groundwork to foster ensure an equitable industry with community repair and reinvestment."

Currently, possession of 10 grams or more of marijuana is a misdemeanor that can draw punishments of up to six months imprisonment and a fine of up to $1,000. Violators are subject to a $100 fine for a first offense of possessing less than 10 grams.

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