Criminal Defense Lawyer Blog
There is still a great deal of confusion regarding our state marijuana laws, and rightly so. Maryland is one of a few states that have not taken a hardline stance one way or the other on the topic. Maybe it’s because we have a governor with national political aspirations who doesn’t want to show his hand this early in the game. Or maybe the onus falls on the lawmakers in Annapolis who just cannot seem to agree about the direction our laws are headed. We take calls all the time from prospective clients and those who just want to gain an understanding of the current drug statutes. Hopefully this post will paint a clearer picture of the confusing work our elected officials have done in the past few years.
If there were one word to describe the current state of Maryland marijuana policy it would be scatterbrain. Each year during the legislative sessions we see bill proposals ranging from complete legalization to decriminalization, and each year it seems nothing is done. And over the course of his term our governor has spoken frequently on the topic, but at the same time has said next to nothing. The laws reflect this sort of indecision. The way we see it, a government can take four basic stances on the personal use of marijuana; you can have complete criminalization, decriminalization, legalization for medical use, and complete legalization. With respect to our state you can throw out complete criminalization and complete legalization. It is definitely not legal to spark up a joint at a local bar or in the privacy of your own home. But it may not be criminal to spark one up in your house. Somehow Maryland has managed to fall somewhere in between having legal medical marijuana and decriminalization without having fully effective laws for either. We’ll address and explain the laws for both medical use and decriminalization in two separate paragraphs as to not add to the confusion.
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Back in March the FBI and the United States Attorney announced the guilty plea of a Baltimore City Cop to numerous felony charges. The guilty plea, while not shocking to those of us familiar with big city law enforcement, landed the Baltimore Police Department in national news headlines. As a criminal defense law firm, we hear stories all the time about police misconduct and corruption. But theses stories rarely reach the public’s ears because the incidents often end up being a cop’s word against a criminal defendant’s. But it certain cases, usually when the corrupt cops become too brash and greedy, they are caught in the act and plastered on newspapers and television. These stories offer little or no vindication for those that have been wronged by police, but it is nice to be reminded once in a while that nobody is above the law. The 36 year old city cop who plead guilty to drug conspiracy, and possession of a firearm in furtherance of a drug trafficking crime back in March is no exception.
The Blog has posted multiple articles about our state’s gun laws in the past few weeks as Maryland’s controversial gun laws just cannot seem to stay out of the news. This week was no different, with another headline courtesy of the United States Supreme Court. The Court recently announced that it would not hear argument on the statewide firearm carry permit law, which was upheld by U.S. Court of Appeals for the 4th District this past year. The challenge to the law began when a gun owner from Baltimore had his concealed carry application denied because he could not prove to the state that he had a “good and substantial reason” for the license. This was despite the fact that the man’s house had been burglarized multiple times. The gun owner filed suit in federal district court, and was joined by The Second Amendment foundation, an organization that opposes firearm restrictions. The district court judge agreed that the law was too restrictive and vague, and found it unconstitutional. But the victory was short lived for plaintiffs after the Appellate court reversed and held that the law could stand. Both parties were confident that the Supreme Court would settle the issue for good (and in their respective favor), but it wasn’t to be as the Court decided the 4th Circuit would have the final say.
In the past month the Blog has posted an article about crime in the NFL, and another article about stiffer gun laws in Maryland becoming effective. Coincidently, this past week a story broke that combines these two issues; the NFL has now adopted a stiffer gun policy. As of this past Sunday, off duty police officers are no longer allowed to carry their firearms into NFL stadiums on gameday. The policy had previously allowed off duty cops to carry their weapons into the stadiums provided they used a special entrance, and notify NFL security of their seat location. The league did not provide specific reasons for instituting this new policy midway through the season, and police unions and law enforcement officers around the country have expressed widespread frustration about the change. In some cases this new rule directly contradicts police department policy and even state law.
Baltimore County Police and the State’s Attorney recently reported that a Towson based lawyer has been indicted on two drug charges. The indictment, which was unsealed last week, charges the criminal defense lawyer with two controlled dangerous substance violations including possession with intent to distribute and simple possession. The type of drug at the root of these charges is the prescription painkiller Oxycodone. Oxycodone is a commonly abused narcotic that can be swallowed, snorted, or melted down to liquid form and injected. The indictment alleges that the defense attorney conspired with her 20-year old son, her legal assistant, and six other co-defendants to distribute drugs throughout the area, but county police did not release any specific details about the scale of the operation. Police did however release information hinting that more charges may be on the way.
The DEA and the United States Attorney’s Office recently announced the infiltration of a large international drug trafficking ring. The announcement took place in upstate New York where 8 suspected drug dealers were arrested for their involvement in the illegal operation. Authorities described the operation as an international conspiracy to import and distribute significant amounts of synthetic MDMA, also known as molly or ecstasy, throughout the country. The drug was allegedly manufactured in laboratories in China and smuggled to the U.S. for distribution in as many as 20 different states, including Maryland. The investigation began back in June of 2012 when federal authorities were tipped off to the supplier of the chemical compounds used to make ecstasy pills. The supplier would take orders for the chemical compounds via internet, and mailed the drugs to the states. Upon learning about the scheme, federal agents sought and received a court order authorizing the interception of emails from the Chinese supplier to possible suspects in the U.S. Law enforcement generated as many as 450 leads during the 30-day interception period allowed under the court order. These leads produced over 50 arrests nationwide and here in Maryland. In addition to the arrests, feds also seized over 70 kilograms of Methylone, a substance with a highly similar chemical compound to MDMA. This substance is often used to make ecstasy pills or is sold in powder form as molly. DEA agents also seized several kilograms of cocaine, meth, and actual MDMA. Cash, firearms, and cars were also confiscated during the execution of arrest and search warrants.
A joint press release with the Baltimore police and State’s Attorney was called to announce the indictments of 9 men and women in a West Baltimore drug conspiracy. The area, which includes several blocks of Ruxton Avenue is one of the most violent in the city, and the state for that matter, as over 60 incidents of violent crime have been reported there in the past 3 years. Police attribute much of the violence to an organized drug ring that according to the department has held the neighborhood hostage. In an effort to end this violence, cops and the state’s attorney initiated a five-week investigation focused on bringing the alleged drug dealers to justice. All but four of the nine suspects have been arrested, and their names were announced at the press conference. The other four have yet to be arrested, and as a result their indictments are still under seal.
The 2013 NFL season is officially underway, and week one of America’s most popular sport is now in the books. Over one million people attended an NFL game in week one, and tens of millions more watched on television. The sport has never been more popular, and with the concussion lawsuit being resolved, the sport has never been in a better financial position. But the stain of a tumultuous offseason remains; as over thirty active players were arrested from the end of the Baltimore Ravens’ Super Bowl win until the start of this season. Players from 19 different teams were either booked on criminal charges or taken into custody on outstanding bench or arrest warrants. The charges ranged in severity from simple possession of drugs all the way up to murder. Despite the league’s growth in popularity and prosperity, player arrests are an issue that the commissioner’s office will continue to battle in the coming years.
We recently posted an article about a notable medical personality and University of Michigan grad Dr. Sanjay Gupta shifting his stance on marijuana. Although the influential celebrity doc came out with strong public support for legalizing medical marijuana, his revised stance will have little direct affect on state and federal laws. But just last week a politician, whose stance on the topic will affect state and federal pot policy, voiced a similar change of heart. Attorney General Eric Holder informed the governors of Colorado and Washington that the Department of Justice will not seek to override their state’s new marijuana decriminalization laws. The Fed’s top prosecutor and his staff also issued a memo to each of the assistant United States attorneys, which clearly spells out the revised guidelines for handling marijuana cases on the federal level. The memo describes eight points of emphasis, and not surprisingly simple possession didn’t make the cut.