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Omnibus criminal bill would cut cannabis mandatory minimums, add firearms felonies; public defenders and prosecutors differ
Summary
An omnibus bill heard by the House Judiciary Committee would strike mandatory minimums for some nonviolent cannabis offenses, provide resentencing openings tied to historic crack/cocaine sentencing disparities, and raise penalties for certain firearms offenses; witnesses voiced sharply different views by topic.
House Bill 413, presented by Delegate Moon, packaged changes across drug and firearms law — removing mandatory minimum sentences for certain cannabis offenses, allowing resentencing for some prior crack-cocaine convictions, clarifying protections for casual household cannabis processing, and upgrading several firearm-related offenses from misdemeanors to felonies.
Sponsor testimony noted mandatory 20-year minimums for nonviolent cannabis offenses remain "out of step" with Maryland's cannabis legalization framework. "We need to give the power to the judge, not the prosecutor, to avoid malicious prosecution and unjust sentencing," said Harold Morris, who testified about people serving lengthy sentences for nonviolent cannabis distribution.
Supporters, including family members and advocacy groups, asked the committee to remove mandatory minimums and allow judges discretion; Mitzi Wall of Freedom Grow and others described the long-term harm on families when nonviolent cannabis convictions carry decades behind bars. Assistant state's attorney Maroe Williamson supported upgrades to certain firearms offenses, including trafficking, ghost guns and transfer of stolen firearms, and warned that trafficking large amounts of cannabis remains a serious, organized-crime activity.
The Office of the Public Defender supported relief from mandatory cannabis minimums and requests for relief for people sentenced under the older crack/powder discrepancy; Public Defender witnesses opposed parts of the bill that would reclassify multiple firearms offenses as felonies, arguing reclassification may not reduce violence and could increase collateral consequences.
Committee members discussed homegrow and solvent-processing language, firearms classification, and how the bill meshes with prior legalization clarifications. Supporters and opponents said they'd continue negotiating draft amendments, including a possible amendment to let home growers process their own harvests without criminal exposure. No committee vote was recorded at the hearing.
