Cannabis might be illegal again in Sarasota, Florida. As twenty-four states, along with Washington, D.C., and Guam, have legalized herb, as the Sarasota Herald-Tribune reports, attitudes are becoming more regressive in some places. As absolutely frustrating as it is to pay fines for cannabis, what’s happening in Sarasota, unfortunately, proves that the government can always make things worse if people don’t follow the rules. 

On Monday, the Sarasota City Commission started the process of repealing its marijuana civil citation program. Cops made their case by first presenting a recommendation in what sounds like watching a PowerPoint program from hell. Much of their argument is based on the fact that there is currently a 90% noncompliance with the program’s fines. 

The City Commission passed the ordinance that decriminalized the possession of small amounts of cannabis in 2020. Since then, in the three years of decriminalization of weed, the Sarasota police have issued 427 civil citations. Of that figure, police say that only 47 people have paid up. One person opted for community service. As a result, after a May report on the topic from the Independent Police Advisory Panel, the city wants to recriminalize possession of cannabis. 

“The current Cannabis Civil Citation program allows for an individual to receive an unlimited number of civil citations, it does not provide for any consequence if the civil citation is ignored, and it gives the cited individual the ability to refuse to identify themselves rendering the citation useless,” city documents state.

When Sarasota first passed the law, possession of less than 20 grams of cannabis or related paraphernalia landed you a $100 fine or 10 hours of community service. It wasn’t anything cruel or unusual. The person in question had to be over 18 and could not be actively smoking it when they got caught. 

Before the 2020 decriminalization, possessing 20 grams or less could land you in jail for a maximum of a one-year sentence coupled with a one-year driver’s license suspension. The latter has more sweeping implications than one realizes, affecting one’s ability to get to work. The law was passed in an effort to avoid giving people criminal records. According to the Sarasota Herald-Tribune, they also felt that the police department had “better things to do with their time.” 

In the state of Florida, the recreational use of cannabis remains illegal. Possession of a quantity up to 20 grams (approximately 3⁄4 ounce) is classified as a misdemeanor, and as in Sarasota (unless it’s overturned) is decriminalized in certain cities. However, this is not a united decision. It’s totally illegal in plenty of places, and possibly more, based on Sarasota’s actions. Currently, in Florida, marijuana possession carries potential penalties, including up to one year of imprisonment, a fine not exceeding $1,000, and the possibility of driver’s license suspension. Nevertheless, various cities and counties within Florida have implemented reforms to impose less severe penalties for such offenses.

The medicinal use of cannabis, however, saw legalization in 2016 through a constitutional amendment. Known as Amendment 2, this initiative appeared on the ballot and garnered overwhelming support, with 71% approval from voters.

Should the repeal of the citation program go through and become finalized, the possession of cannabis will revert to being classified as a criminal offense. However, the police officials have indicated that folks who meet specific criteria will be directed to the State Attorney’s Office Adult Pre-arrest Diversion Program. This program will then determine whether to initiate criminal charges against these offenders. So, whether there are criminal consequences for any of this is still to be seen. However, that program is more than twice as expensive as the current $100 fine in the city’s program. 

So people should probably go ahead and just start paying the $100 fine. As annoying as it may be, when the government gets its hands on cannabis, things can always become more annoying. 

The City Commission, in a majority decision of 4-1, has instructed the city attorney to prepare an ordinance for the repealing of the marijuana civil citation program. Erik Arroyo, a member of the City Commission, stood as the sole dissenting voice, opting not to support the motion. Arroyo is an American lawyer and Republican politician, notable for becoming the youngest and first Hispanic Mayor in the history of Sarasota, Florida.

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The Maryland House of Delegates passed a bill on April 10 that bars police from using the odor of cannabis as the basis for the search of a person or automobile. The measure, House Bill 1071, also lowers the civil fine for consuming cannabis in public to $50. 

The bill was approved by the Maryland House by a vote of 101-36 in the closing minutes of the legislative session Monday night after passing in the state Senate with amendments earlier in the day. The legislation now heads to the desk of Democratic Gov. Wes Moore for consideration.

Bill Bans Searches Based on Odor of Weed

Under House Bill 1071, law enforcement officers would be prohibited from using the odor of raw or burnt cannabis as probable cause to search a person or vehicle. Supporters of the legislation maintain that the bill is required to fulfill the intent of Question 4, a ballot referendum to legalize recreational marijuana that passed with nearly two-thirds of the vote in the midterm elections last year. House Bill 1071 also bans searches based on possession of a legal amount of marijuana or the presence of cash in the proximity of cannabis without additional evidence showing an intent to distribute marijuana.

Question 4, which takes effect on July 1, legalizes possession of up to 12 grams of cannabis for personal use. Possession of between 12 and 20 grams will be a civil offense, punishable by a fine of up to $250. Possession of cannabis in quantities greater than 20 grams will be a misdemeanor carrying penalties including up to six months in jail and a fine of up to $1,000.

Because possession of cannabis will still be illegal in amounts greater than 12 grams, legalization advocates say House Bill 1071 is necessary to protect the rights of legal cannabis users. The legislation follows a court decision from the Maryland Supreme Court last year that upheld police authority to briefly detain and search individuals based on the odor of cannabis, despite the state’s legalization of medical marijuana in 2013. Assistant Maryland Public Defender Michele Hall, who unsuccessfully argued the Supreme Court case, told the House Judiciary Committee last month that police will continue to conduct searches based solely on the perceived odor of cannabis.

“Legalization alone did not fix this problem,” Hall told the House Judiciary Committee last month, according to a report from the Maryland Daily Record.

“As long as odor supports Fourth Amendment intrusion, Marylanders legally engaging in the cannabis market are at risk,” added Hall. “Alleging odor of cannabis alone is nothing more than a blank check for police to intrude upon a person’s right to privacy in the hopes of finding something criminal, and the Fourth Amendment requires more.”

The legislation to ban police from using the odor of marijuana as probable cause for a search is also supported by the Maryland chapter of the American Civil Liberties Union.

“Marijuana odor stops and searches not only pose serious risk to people’s Fourth Amendment rights, they enable racial profiling and dangerous and unnecessary police interactions,” Yanet Amanuel, the chapter’s public policy director, told the Judiciary Committee in March.

“This is why it is critical that the legislature must step up and ensure that the law and police practices are consistent with the reason you all said you support legalization of marijuana and, most importantly, the law reflects the will of the people,” Amanuel added. “Marylanders should not fear police interactions because of a lingering odor of a now legal substance.”

Meg Nash, a partner at the cannabis and psychedelics law firm Vicente LLP, said that legislation such as House Bill 1071 is needed to ensure that the legalization of cannabis is enforced equally.

“It’s encouraging to see Maryland tackling the harmful impacts of the war on drugs, not only through adult use legalization, but by revisiting sections of their criminal code,” Nash wrote in an email to High Times on Wednesday. “These types of laws are necessary to protect the rights of individuals in states, like Maryland, that have legalized cannabis for adult use and show the state’s commitment to addressing harms to communities that have been disproportionately impacted by prohibition.”

House Bill 1071 also reduces the fine for public consumption of cannabis from $250 to $50. After receiving final passage in the closing minutes of the current legislative session Monday night, the bill has been sent to the governor’s desk for consideration.

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