Legalized, but not the bag to allow for gun search

protegeV said:

They will cavity search your sandwich for questionable herbs

Click to expand...

So no oregano spiced sandwiches

i am just wondering if someone gets caught with less than 10 grams and they get a ticket , or if they get caught with over 10 grams and get arrested, wont both , or either,scenario
cause you to lose your 2a rights if not on the state level but the federal level. it would sem to me either way you would lose it on the federal level but i dont know about the state level.

WeaponsCollector said:

Decriminalization is definitely not legalization and does nothing to stop the black market and the drug gangs and dealers that control it. Real legalization would include regulating the sale of marijuana similar to alcohol.

Click to expand...

In many ways it's as bad as a criminalized ban, there is a civil penalty/fine instead of a criminal one, so on one hand a casual user is less likely to end up in prison over it, but the gov is more likely to enforce it, being there is "revenue" to be had. Probably will encourage casual users to smoke more, or those on the fence to try it, and without a legitimate supply, the black market is left as the primary supplier, and will probably grow as a result. In this case criminal organizations and an overbearing government both benefit. The state still can use the civil crime as justification for search and seizure, there is still a national "drug problem" that the uninformed beg the government for help with, there is still a need to keep up the war on drugs as distribution and manufacture are still crimes, the criminal supply network still requires a militarized police force to fight, and the drug remains relatively unsafe due to the nature of illicit manufacture and distribution.

It's up there with the "medical marijuana" scheme where government trades some control of addicts and infrastructure through the judicial system, and hands it over to the regulatory system including a whole new list of unenforceable crimes stemming from an illicit secondary market for legally obtained drugs, and the difficulty in determining weather drugs have a legitimate or illicit source, while opening up citizens to arrest for essentially paperwork infractions. Even the "treat it like liquor" hands a gigantic source of revenue and control over to the government, and allows yet another unconstitutional vice industry to be controlled, with the black market still having the ability to undercut regulated and taxed drugs, or sell in areas with local prohibitions, and those who grow it themselves are still committing a profitable and difficult to enforce crime.

Outside of repealing the laws, and handing it over unregulated, or at most a lightly regulated commercial industry(similar regulation to food, or at most wine), without restriction to a personal or local level market, there will still be a much higher cost to lives and freedom from the government than from drug users. The only other way to end the costly drug prohibition would be to lace every seized drug with a completely fatal, delayed, and undetectable poison then redistribute it to basically execute every drug user, and let everyone that is left try to recover as a society. I would never touch it legal or illegal, so I don't really care, completely deregulate it, kill every user, either way it probably has far less chance of hurting me and other law abiding non-users than the collateral damage resulting from the current war on drugs.

alucard0822 said:

The state still can use the civil crime as justification for search and seizure

Click to expand...

This part will have to play out. There is no search incident to arrest if you never have an arrest. A civil citation is not an arrest in fact even if you are released on a criminal citation no arrest occurred. This has been decided in MD high courts as well as SCTOUS.

Furthermore if it's in a car there is a good debate to be had if you can search the car/occupants since it's illegal over ten grams and there is no way to tell by smell. I'd venture to say some judges are going to say no.

iH8DemLibz said:

Did it right...

Where have I heard that before...?

Oh Yeah. Now I remember. SB281

Doing It Right and Annapolis should not be used in the same sentence.

Thank you explaining it. What a Fuster Cluck.

Click to expand...

Yep.....

PJDiesel said:

Legalization is what I hope they are moving towards, not sure why they haven't already.

Click to expand...

O'Malley has been against legalization for some time. He did warm up to decriminalization though, so legalization may still happen on his watch.

We'll see.

If I'm not mistaken, even with the more liberal law in Colorado ... arrests have remained at the same level there. The illegal trade has remained the same and the black market flourishes.

Like the majority of gun restriction laws, its a zero sum gain - a feel good law.

The bottom line is marijuana is still illegal.

So what happens when a car gets pulled over and there's 4 people, an ounce, and 2 bowls?

Will all officers have scales? Will they be calibrated? How often? Who's paying for officers to get scales if they don't have them?

Mooseman said:

The bottom line is marijuana is still illegal.

Click to expand...

Yup.

Mooseman said:

The bottom line is marijuana is still illegal.

Click to expand...

exactly. This new law is just a ruse. Well, now that I think of it, most laws are

Mooseman said:

The bottom line is marijuana is still illegal.

Click to expand...

Damn Skippy.

Name Taken said:

We are seeing the same thing about bail hearings and other legalities in the state. If the law imprisons more blacks then whites something must be wrong with the law and fixed.

Click to expand...

The problem isn't with the law, it's with the enforcement. The law doesn't have any sort of system where the darker your skin is the harsher penalties you get. That's more a failing of the systems that surround the law.

iH8DemLibz said:

Thought they approved a 10 gram legal limit for possession with zero penalties...

If I am wrong, I will certainly stand corrected.

Click to expand...

1st fine $ 100
2nd $500
3rd $1000 and drug treatment

Mark75H said:

If I'm not mistaken, even with the more liberal law in Colorado ... arrests have remained at the same level there. The illegal trade has remained the same and the black market flourishes.

Like the majority of gun restriction laws, its a zero sum gain - a feel good law.

Click to expand...

Yep, but nobody wants to hear that. Also what people don't want to believe is marijuana is a criminal enterprise's cash cow. Low cost of production and will grow anywhere. The margins are high on the production end. The modern drug cartels are not the same as Al Capone and the old alcohol bootleggers.

Jaybeez said:

Click to expand...

More like 2 months of ipsa

Jaybeez said:

1st fine $ 100
2nd $500
3rd $1000 and drug treatment

Click to expand...

No way currently for the LEO to write a ticket for 2nd or third offense as they cant see non criminal(civil penalties) activities in the system. So now they will either have to add capability to see civil issues which then opens up a whole other can of worms or each ticket will be a first offense over and over and over.

Zirkin is a real douche nozzle. Real smart...... He's got weed let's search his car for guns.

NavyATFP said:

No way currently for the LEO to write a ticket for 2nd or third offense as they cant see non criminal(civil penalties) activities in the system. So now they will either have to add capability to see civil issues which then opens up a whole other can of worms or each ticket will be a first offense over and over and over.

Click to expand...

Unless the offender is known to the officer concerned ...

If my plastic bag contains KFC, will the herbs be confiscated but spices left behind? How do you know which of the eleven are herbs and not spices? Is there a hearing process to reclaim my KFC herbs? Curious minds just gotz to know.