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New Md. law prevents law enforcement from using ‘smell test’ for marijuana DUI investigation

A new Maryland law legalizing recreational marijuana also changes how police can investigate whether a driver is under the influence of weed.

Starting July 1, law enforcement officers in Maryland can no longer use the “smell test” as the only reason to stop and search a vehicle.

Historically, the smell of marijuana provided police with the opportunity to detain, search and question a person, sometimes uncovering contraband or more serious crimes.

In a 2021 ruling, however, Maryland鈥檚 Court of Special Appeals said police needed 鈥渞easonable suspicion鈥 that a crime is being committed to stop and question someone, and that just smelling weed doesn鈥檛 meet that standard.

by Montgomery County Del. Charlotte Crutchfield also reduces fines for smoking weed in public from $250 to $50 for the first offense.

The bill also creates a process to expunge all previous cases where possession of under 10 grams of marijuana was the only charge.

In November, voters approved a ballot referendum legalizing the recreational use of marijuana for adults over 21. It allows for possession of marijuana if it’s under 1.5 ounces and legalizes having up to two cannabis plants.

Megan Cloherty

An award-winning journalist, Megan Cloherty is podcast host and producer of the 鈥22 Hours: An American Nightmare.鈥 She previously served as 海角社区app Investigative Reporter covering breaking news, crime and courts.

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