Bill would let prosecutors treat firearms used in illicit cannabis trafficking like other drug felonies

Delegate William Valentine presented HB 171 to the House Judiciary Committee, saying a change in Maryland law that reduced certain cannabis offenses to misdemeanors left a gap: people dealing large quantities of cannabis while armed could escape a trafficking-with-firearm charge that applies to other controlled substances.

State prosecutors and county narcotics commanders testified in support, describing recent cases where law enforcement found pounds of cannabis together with loaded handguns, digital scales and packaging indicative of street-level distribution. They argued the presence of firearms materially increases the risk of violence regardless of the underlying drug and that HB 171 would not recriminalize casual users but would target armed dealers operating outside the regulated market.

Legal detail cited in testimony: current maximum penalties referenced included a three-year cap for possession-with-intent-to-distribute cannabis and a special 'volume dealer' misdemeanor for very large quantities that can carry higher penalties; witnesses said HB 171 would restore the ability to charge a firearm enhancement in cannabis-trafficking circumstances.

Opponents and public commenters emphasized concerns about overcriminalization and protecting lawful medical growers; a medical-cannabis patient who said he grows for personal use told the committee he does not sell and raised questions about enforcement and the illicit market.

Next steps: Committee heard favorable and unfavorable testimony and reserved decision; no vote occurred at the Jan. 27 hearing.