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Md. lawmakers, regulators already contemplating changes to cannabis law

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Will Tilburg (right), acting director of the Maryland Cannabis Administration and Senate Finance Chair Melony G. Griffith (D-Prince George's County).(Courtesy Maryland Matters/Bryan P. Sears.)

Maryland鈥檚 cannabis industry is less than two months old and lawmakers and regulators are already contemplating tweaks in the coming General Assembly session.

Since July, the new recreational adult use industry has recorded sales of almost $90 million. The expectation is that sales will surpass $1 billion.

Will Tilburg, acting director of the Maryland Cannabis Administration, said the new law 鈥 which runs roughly 100 pages 鈥 was an attempt to learn from the mistakes of other states that legalized recreational use before Maryland.

鈥淭here鈥檚 nothing we鈥檝e seen that is raising alarms that needs to be fixed,鈥 said Tilburg. 鈥淚 think everybody, the governor鈥檚 office, Cannabis Administration, ATCC (Alcohol, Tobacco and Cannabis Commission), and the legislators are evaluating everything to see if there鈥檚 stuff. 鈥

But Tilburg and Senate Finance Committee Chair Melony G. Griffith (D-Prince George鈥檚) told local leaders at the Maryland Association of Counties summer conference that some tweaks are likely when the legislature returns to Annapolis in less than five months.

Tilburg called the new law 鈥渃omprehensive鈥 but added that 鈥渋t鈥檚 not perfect.鈥

鈥淚 mean, alcohol was legalized 90 years ago with the repeal of prohibition,鈥 said Tilburg. 鈥淓very year, there鈥檚 a few hundred bills related to the alcohol industry. So, we do expect that this year in the 2024 session and moving forward, we will see additional legislation to tweak this industry.鈥

Griffith agreed.

鈥淚 don鈥檛 think there鈥檚 any possibility we get through the 鈥24 session without some tweaking on the cannabis,鈥 Griffith said. 鈥淭his is not going to be 鈥榃e fixed it and we鈥檝e solved all the issues and we鈥檒l never have a bill on this subject again.’鈥

Speaking to Maryland Matters, neither Tilburg nor Griffith could immediately offer specifics.

This fall, the state is expected to roll out its first tranche of licenses aimed at bringing racially diverse licensees into the burgeoning industry.

Historically, the state has faced difficulties in finding ways to ensure diverse participation. A first round of licenses in the medical cannabis industry resulted in lawsuits after no minority owners were awarded licenses.

Additionally, law enforcement continues to look for ways to enforce driving under the influence laws in the absence of a roadside test that can determine intoxication in the way that standard breath tests are used in cases involving alcohol.

New restrictions barring searches based on the smell of cannabis are hampering the interdiction of illegal guns, according to Maj. Zachary O鈥橪are, Prince George鈥檚 County Police Department operations commander.

Gun seizures in Prince George鈥檚 County are down 49% since July 1. Prince George鈥檚 County Police Department Maj. Zachary O鈥橪are attributed the decline to a new law that prohibits searches based on the odor of cannabis. Photo by Bryan P. Sears.

In 2022, the Prince George鈥檚 County Police Department reported 1,237 handgun violation arrests. Roughly 40% of those were tied to searches in which the odor of cannabis was the probable cause for the search, O鈥橪are said.

O鈥橪are said in the six weeks since cannabis was legalized, illegal gun seizures are down 49%.

Baltimore County Police Chief Robert McCullough said his department is seeing similar decreases.

In Prince George鈥檚 County, O鈥橪are said the hope is a focus on identifying impaired drivers will increase gun seizures.

Whether or not the legislature takes up the controversial issue of cannabis-related searches remains to be seen.

House Economic Matters Chair Del. C.T. Wilson (D-Charles) told members of the Maryland Municipal League that he doesn鈥檛 expect to consider a lot of cannabis bills in the next session.

鈥淚 will be doing one bill on cannabis,鈥 he said. 鈥淪o please don鈥檛 come with all these amazing ideas because it hasn鈥檛 gelled yet. We don鈥檛 know what鈥檚 broken. We鈥檙e not going to know by January.鈥

Wilson, however, left open the door for 鈥渁n omnibus bill.鈥

But Griffith acknowledged that enforcement and other nuanced issues could be on the table.

鈥淚 do think that where he (Wilson) and I and our committees can come together and reach consensus, if we can get one bill that takes all that into consideration that would be ideal,鈥 said Griffith.

But, she noted, there may also be issues that require consideration of the General Assembly鈥檚 tax and judiciary committees as well, complicating consideration of an omnibus bill. 鈥淎nd I鈥檝e never seen a bill assigned to three committees,鈥 she said.

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