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Rusty Carr of Mount Airy stood before the Maryland Senate Judicial Proceedings Committee and hoisted a 3 1/2 gram container of cannabis he uses for medical purposes, specifically for chronic pain.
鈥淚f you have questions, I will allow you to smell if you鈥檇 like. I have samples to compare,鈥� he said, suggesting that the odor is not as strong as people think.
Carr testified at a hearing Thursday in support of听, which would prevent law enforcement officers from stopping a motorist based on the scent of cannabis without evidence that the motorist is intoxicated or without another valid reason.
Sponsored by Sen. Jill Carter (D-Baltimore City), the bill also would prohibit police from using some other reasons as cause for a stop, including possession of cannabis, suspicion that the person possesses cannabis and the presence of money near cannabis.
Carter said it would ensure Black and Latino motorists aren鈥檛 targeted, which 鈥渨ould reduce the opportunities for officers to conduct racial profiling.鈥�
The bill is under consideration after Maryland courts have ruled differently on stop and search procedures for marijuana.
Two years ago the Maryland Court of Special Appeals, now called the Maryland Appellate Court, ruled that police couldn鈥檛 stop a person based on the smell of cannabis.听
But last year, the Maryland Court of Appeals, now called the Maryland Supreme Court, overruled the appeals court, deciding听 that police could stop someone if they smelled cannabis.听However, the state鈥檚 top court said that law enforcement must let听 motorists go if they could not determine whether a stopped motorist had more than 10 grams of cannabis.
鈥淚 believe it鈥檚 our responsibility in Maryland to give guidance to our courts. This is a matter of public policy,鈥� Carter said.
Under a measure Maryland voters approved in November to make recreational use of cannabis legal as of July 1, a person 21 years and older will be allowed to possess up to 1.5 ounces of marijuana and grow two marijuana plants out of public view.
However, the legislature must approve a framework for regulating and taxing cannabis before the session ends April 10.
A fiscal note drafted by the state Department of Legislative Services notes that the average cost to hold an inmate is $4,970 per month and that expenditures may decrease because fewer people may be incarcerated.
Revenues would also decrease with fewer fines imposed and collected.
In advance of and in response to Thursday鈥檚 hearing, the ACLU of Maryland issued a statement noting that the recent death of Tyre Nichols, after he was stopped and beaten by five Memphis police officers, 鈥渋s yet another chilling reminder of the need to limit police interactions.鈥�
Sen. William Folden (R-Frederick County), a Frederick police officer, said the legislation would limit 鈥渃ertain investigative tools鈥� for law enforcement.
鈥淩ecreational [cannabis] use is legal. I get it, but we鈥檙e putting the cart before the horse and we鈥檙e not allowing the proper things in place to be able to properly monitor and keep the roads safe,鈥� he said.
Carter told Folden law enforcement officers could still request a driver to pull to the side if they notice a motorist swerves on the road, for example.
鈥淭his isn鈥檛 saying that there鈥檚 no circumstance in the world where odor can鈥檛 be a factor,鈥� she said. 鈥淏ut we鈥檙e saying it can鈥檛 be the stand-alone reason鈥� to pull someone over.
Carter and other supporters emphasized that it is difficult for an officer to determine how much cannabis a person has based solely on the scent.
But Folden said he 鈥渨ould like to think that there鈥檚 times you can walk by a car and it鈥檚 a pretty strong odor, and it鈥檚 probably more than the amount that鈥檚 [allowed] for recreational use because it鈥檚 that strong.鈥�
Carter disagreed.
鈥淚t鈥檚 unquantifiable,鈥� Carter said. 鈥淭hat鈥檚 not something you can determine.鈥�
