With Democrat Wes Moore as governor, for the first time in eight years Maryland’s General Assembly proceeded without wondering if it would need to override a veto of some important act. After the state’s lawmakers passed a number of significant measures, the 2023 session concluded on April 10.
In this first of two articles on the session, Common Sense for the Eastern Shore looks at two of the more important pieces of legislation the Assembly considered and enacted.
After the U.S. Supreme Court overturned Roe v. Wade last year, effectively removing federal protection for a woman’s right to an abortion, the legislature has approved a bill to send to Maryland voters an amendment to the state constitution upholding that right. Governor Moore is certain to approve the bill, which will then go before the voters in a 2024 referendum.
The right to abortion has been established law in Maryland since 1992, when voters approved a state law with a 62% favorable vote. Placing the right to abortion in the state constitution is designed to make it far more difficult for a future governor or legislature to deny or reduce abortion access.
A synopsis of the bill on the General Assembly website states that “every person, as a central component of an individual's rights to liberty and equality, has the fundamental right to reproductive freedom; and prohibiting the State from, directly or indirectly, denying, burdening, or abridging the right unless justified by a compelling State interest achieved by the least restrictive means.”
During this year’s session, in addition to expanding access to abortion, the legislature acted to prevent reprisals against patients or doctors by other states where the procedure is illegal. The loss of the right to abortion in other states has been cited as likely to bring an influx of patients into Maryland, and some of those other states have made it criminal for a resident to travel to another state to terminate a pregnancy.
Another issue likely to be controversial in many areas is Maryland’s progress toward legalizing recreational use of cannabis products. Medical marijuana — and other cannabis derivatives — has been legal in Maryland for several years, but in a referendum on the 2022 general ballot, 65% of voters approved making recreational use legal.
Beginning July 1, anyone over 21 may legally possess and use cannabis products, within specific limits set by the law. The “personal use amount” for marijuana — or, as the law describes it, “cannabis flowers” — is 1.5 ounces, with corresponding limits for other forms of the drug, such as hashish or “edibles.”
In fact, as of January 1, penalties for possession of cannabis have been sharply reduced in the state. A person who possesses up to 2.5 ounces is no longer guilty of a criminal offense, but may be subject to a civil fine of $250. Also, previous convictions for simple possession of less than 10 grams — about 1/3 of an ounce — will be expunged, removing a blot on the record of many individuals who were guilty of no other crime.
This year, the legislators firmed up details of how the production, sale, and use of cannabis products will be regulated. HB0556 is described in the General Assembly synopsis as:
The bill passed both houses, and now awaits Governor Moore’s signature.
Legalizing cannabis means that adults will no longer need to go to street dealers or travel out-of-state to get the product, both risky. Also, it will presumably eliminate the sale (at least in legal markets) of marijuana that has been adulterated or worse yet, juiced-up — perhaps with something dangerous or even deadly, such as fentanyl.
Those under legal age will undoubtedly still patronize street dealers or persuade adults to obtain cannabis for them — as they already do with alcohol or other drugs that remain illegal.
Common Sense will publish a summary of other significant legislation passed by the General Assembly in an upcoming issue.
Peter Heck is a Chestertown-based writer and editor, who spent 10 years at the Kent County News and three more with the Chestertown Spy. He is the author of 10 novels and co-author of four plays, a book reviewer for Asimov’s and Kirkus Reviews, and an incorrigible guitarist.
Title image: Pond at Pickering Creek Audubon Center, Talbot Co. Photo: Jan Plotczyk