Montgomery County Police Not Pursuing Paraphernalia Arrests Under New Marijuana Law

A loophole in the law has resulted in Maryland counties interpreting the law differently

October 8, 2014 10:20 a.m.

Montgomery County police won’t criminally cite individuals who possess marijuana paraphernalia despite a state law permitting them to issue up to a $500 fine for a first offense, while subsequent offenses could result in possible jail time as a misdemeanor crime.

"We told them not to charge because the law doesn't make any sense," said Montgomery County State's Attorney John McCarthy on Wednesday.

The decision comes on the heels of a new state law, which went into effect Oct. 1 that makes possession of up to 10 grams of marijuana a civil offense punishable by a $100 fine. Previously it was a criminal offense that could result in up to a $1,000 fine and up to one year in jail, although most cases involving possession of small amounts of marijuana in the county resulted in drug classes or counseling, according to police.

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However, the new law doesn’t state whether possession of pot paraphernalia—such as a bong or a pipe—is a crime or a civil offense. In fact, existing state law allows criminal charges to be filed for possession of paraphernalia, although jurisdictions have said they’ll enforce that provision differently.

McCarthy said that in order to be consistent with the new decriminalization law his office has directed officers not to issue marijuana-related paraphernalia charges. He said that legislators rushed the decriminalization bill through on the last day of this year's General Assembly and missed dealing with the paraphernalia-related charges.

"It's clear to everyone they will go back and revisit the issue of paraphernalia," McCarthy said.

Montgomery County police say officers won’t arrest people found with marijuana paraphernalia and will issue a civil citation if they are in possession of 10 grams of marijuana or less, according to spokesman Paul Starks.

Starks said Tuesday officers could use a scale to determine the weight of marijuana found in a person’s possession or simply confiscate the drug, submit it as evidence and let the courts determine the weight. Starks also said officers still can search vehicles that smell like marijuana under the new law, but it will be up to an individual officer’s discretion.

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The Montgomery County Council stated its position on paraphernalia in July when it passed a resolution asking the General Assembly to amend the decriminalization law to make possession of paraphernalia a civil offense.

The state law has led to confusion in other jurisdictions, according to an editorial in The Frederick News-Post.

The newspaper reported that Maryland State Police will issue civil citations for both paraphernalia and possession of the drug. Frederick County will use a similar enforcement strategy, but Carroll County plans to file criminal charges against people found with paraphernalia, according to the editorial.

Montgomery County’s state representatives said they expect the law to be updated in the next session of the General Assembly to eliminate the possibility that individuals could be criminally charged for possession of paraphernalia, according to an ABC7 report.

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