Harford County Sheriff’s Deputies will have the discretion whether to issue civil citations for marijuana possession under 10 grams, Sheriff Jesse Bane said, a modification of statewide policy intended to preserve the agency’s ability to make deals in pursuit of larger drug busts.
Under the Maryland State Police’s “model” policy for enforcing the new marijuana decriminalization laws which went into effect on Wednesday, officers “must issue” a civil citation to those possessing less than 10 grams of pot. However, the policy adopted by the Harford County Sheriff’s Office states that deputies “may issue” such a citation.
“We’ve decided it’s in the best interest at this point, given the drug problem in Harford County, to make it a ‘may issue’ [policy],” Bane said Thursday.
Bane said that seemingly small change in wording could make a significant difference in allowing a deputy to use their judgment, and would allow the Sheriff’s Office and the Harford County State’s Attorney’s Office to decide whether to forego a non-criminal citation against an individual in exchange for assistance in a larger investigation.
The change was developed in consultation with Harford County State’s Attorney Joseph Cassilly and after months of discussions with law enforcement officials across the state, Bane said. The Sheriff’s Office was not alone in making modifications to the State Police model policy, he added.
“Some things we changed, as have others,” he said. “But for the most part it’s the same policy.”
The altered policy provides another wrinkle in the controversial decriminalization law governing individuals in possession of a small amount of marijuana. While the substance remains illegal, those possessing less than 10 grams will now receive a civil citation, similar to a traffic violation, with fines beginning at $100. Possession of amounts greater than 10 grams are still subject to criminal charges, as is selling marijuana or the possession of paraphernalia.
On the latter issue, Bane said courts have already advised officers not to use minor instances of the presence of paraphernalia as a way to bring criminal charges against those possessing less than 10 grams. That is, just because an individual happens to have used a rolling paper around an amount less than 10 grams, deputies should not use the presence of that paraphernalia to bring a criminal count, according to Bane. Legal guidance held that the spirit of the law regarding less than 10 grams of marijuana should be considered, he said.
The sheriff added that he plans to meet with his command staff in 30 to 45 days to review the agency’s policy and how courts have adjudicated cases under the new law.
“There’s so much uncertainty with this, this policy is just the first step,” he said. “The first case that comes before a judge may change everything.”
Excuse me but, “forego a non-criminal citation against an individual in exchange for assistance in a larger investigation.”, is legalized extortion. Policy won’t last long. Just issue a ticket and go about your business. No legal issues and you generated revenue. Don’t make it policy for a cop to commit a felony, you will end up sued……..
How do you think the police get confidential informants to begin with? They find something they could charge them on and then exploit it in exchange for help with a plea bargain. Law-abiding citizens make worthless CIs because they don’t know anyone doing anything wrong.
A “Quid Pro Quo” is extortion. A Plea Bargain is extortion also. It may not be recognized that way in this state because this is not a constitutionally abiding state. Hell, in this state you can go to jail for 5 years on a misdemeanor! In constitutionally abiding states, a plea bargain is considered extortion if the defendant appeals, does a post conviction or a Coram Nobis.
So go call Jayne Miller and get her to report on all the criminal goings on among the police and judicial system in Harford County.
Personally, what I find hilarious about Bane making this statement is that it directly contradicts what deputies have been trained and told to do when dealing with small amounts of marijuana.
i.e. the deputy on the street is not supposed to be making deals with anyone. if a crime has been committed then the deputy should file the appropriate charges and any deals get handled through the SAO and usually SID at a later time. There have been deputies who’ve gotten jammed up internally and in court for doing exactly what Bane is now saying they can do.
Agreed.
So if I telz you who sold me da weed yous let me goes. Na snitches get stitches I ain’t gonna bees a part of dat
so now the Sheriff’s Office can change law and say “may” instead of “must”. I’m sure glad our tax dollars pay for Eagle One without using any of the drug money. Gotta love election year and all of the politicking. Why are we still paying for Eagle One to perform this and that. I’m sure the sheriff thinks he can change law and allow people to go free from having mary jane. Guess the weed that people have in the car is ok and having all the paraphernalia in the car is ok too.
Don’t blame the Sheriffs Dep’t, they are just following guidance from the Obama/Holder Justice Department – Enforcement of existing laws is entire based upon “political correctness” and not infringing the rights of any “protected” minority class.
Not to totally disagree with your comment, but have you seen Harford County’s arrest and conviction statistics? There is not any minorities that are “protected” in your county. The only people protected in your county are the criminals in the Criminal Justice System and Confidential Informants. Period. You can blow that republican jibberish up someone else’s a$$ crack, but not mine. Just for the record, I’m whiter than U.
Soulcrusher,
I say thank God for those in the sheriffs department and criminal justice system that protect those of us that do the right thing, from those of you that don’t. I can’t imagine the professionalism and restraint required by those people, having to deal with jerk offs like you everyday.
I know it goes against your liberal ideals, but repeat after me… “I am responsible for my own actions.”
As far as those of you wearing/ have worn a badge, thank you.
And you don’t think that members of the Criminal Justice System should be held responsible for their actions when they break the law? I love the way you think that I should obey all laws, but the cops don’t have to. Have you lost your beloved mind? A great man once said, “The two enemies of the people are CRIMINALS and GOVERNMENT, so let us tie the second down with the chains of the CONSTITUTION so the second will not become the legalized version of the first.” That is a direct quote from Thomas Jefferson. “B”, I didn’t attack you verbally and I’m gonna let you slide this time because of your ignorance. However, this is a one time deal, please don’t do it again.
§ 3-702. Extortion by State or local government officer or employee
An officer or employee of the State or of a political subdivision may not wrongfully obtain or attempt to obtain money, property, or anything of value from a person with the person’s consent, if the consent is obtained under color or pretense of office, under color of official right, or by wrongful use of actual or threatened force or violence.
The question is information considered to be valuable. In the case of a police officer, YES, information is of value………….
It’s not extortion to being willing to accept cooperation in return for a letter to the court when sentencing rolls around. Extortion would be threatening trumped up charges for a non-existent crime or demanding money to make an incident go away. The suspect is able to consult with a lawyer before deciding to become a CI, the lawyer is able to protect the suspect’s rights and review the deal to make sure it is fair.
Please reread the law provided above and recomment…….
Let me make it clearer for you. Example : “Oh, whats this I found, it looks like Marijuana. Now, I’m going to write you a citation unless you want to tell me who you got this from.” That is extortion. To the letter of the law………Sorry, but it is.
Seriously?? When will it stop? Since when can the sheriff both enforce and write the law? No more checks and balances? What did I learn in school all those years? You retards are just opening the door for more bias. Now your rent a cops have the discretion to give me, (white guy) a fine and my black friends a year in jail. Montgomery county says that people with OVER 10 grams probably won’t even get arrested anyway. Get with the program Sherriff Bane. Can’t wait till it’s legalized and all you can do is sit on your thumbs and watch people smoke pot
@ Soul Man
Did you become a “Jail House Lawyer” when you were unconstitutionally charged and convicted? Just wondering.
No, I got out of jail and did my own research on the law and the constitution. I paid a lawyer that allowed the Harford County Criminal Justice System to run amuck on my rights and my life. Never again will I make that mistake.
http://youtu.be/rBfBMiqvCJw