HB260 revises Maryland’s criminal law governing drug paraphernalia. The bill lowers penalties for several paraphernalia offenses, including using or possessing paraphernalia with intent to use it for controlled dangerous substances, and delivering, selling, manufacturing, or possessing with intent to deliver or sell paraphernalia under circumstances indicating it will be used for drug consumption or preparation. For many of these offenses, the maximum penalty for a subsequent violation is reduced from up to 2 years in jail and/or a $2,000 fine to up to 1 year in jail and/or a $1,000 fine. The bill also preserves a separate, more serious penalty when an adult delivers drug paraphernalia to a minor who is at least three years younger.
The bill also amends the section on controlled paraphernalia. It repeals the prohibition on merely possessing controlled paraphernalia under certain circumstances, removes “administer” from the list of unlawful purposes tied to controlled paraphernalia, and narrows the conduct covered to obtaining controlled paraphernalia by fraud or similar means or distributing it when circumstances indicate illegal use. For subsequent violations of this section, the maximum penalty is reduced from up to 4 years and/or a $25,000 fine to up to 1 year and/or a $1,000 fine. The act takes effect October 1, 2025.
The overall impact is to reduce criminal penalties and narrow some paraphernalia-related offenses in Title 5 of the Criminal Law Article, while leaving intact the core prohibitions on drug paraphernalia used to inject, ingest, inhale, or otherwise introduce controlled dangerous substances into the body. It changes the statutory penalty structure for both ordinary paraphernalia and controlled paraphernalia offenses, affecting prosecutors, defendants, retailers, and others who may handle items associated with drug use.
The voting history suggests the bill had substantial support in both chambers, passing the House 104-34 and the Senate 33-11. No committee transcript was provided, so there is no recorded committee debate to summarize. Based on the vote margins, the bill appears to have been generally favored, though not unanimously, indicating some legislative concern about reducing penalties or narrowing enforcement tools.
The main point of contention appears to be the policy choice to reduce penalties and eliminate certain possession-based language, which may have been viewed by opponents as weakening drug enforcement or reducing deterrence. Supporters likely viewed the bill as a proportionality or criminal-justice reform measure aimed at aligning penalties more closely with the conduct involved and reducing excessive punishment for paraphernalia offenses.
HB260 amends Maryland Criminal Law §§ 5-619 and 5-620 by reducing misdemeanor penalty levels for drug paraphernalia offenses, repealing a possession prohibition for controlled paraphernalia in one provision, removing “administer” from certain controlled-paraphernalia language, and narrowing the conduct covered by the controlled paraphernalia statute. It lowers maximum incarceration and fine amounts for subsequent violations and preserves enhanced penalties for adults who deliver paraphernalia to minors.
The bill appears to have been generally supported in both chambers, as reflected by comfortable but not unanimous passage in the House and Senate. The vote margins suggest broad agreement on revising paraphernalia penalties, while also indicating that a meaningful minority opposed the changes. No committee discussion was provided, so sentiment is inferred primarily from the roll-call results.
The likely controversy centered on whether Maryland should reduce penalties for drug paraphernalia offenses and narrow the scope of controlled paraphernalia prohibitions. Opponents may have objected to lowering maximum jail terms and fines or to repealing possession-based language, viewing those changes as weakening enforcement against drug-related activity. Supporters likely argued the bill makes penalties more proportionate and refines the statute without removing core prohibitions on paraphernalia used for drug consumption or distribution.