Drug Paraphernalia for Administration - Decriminalization
SB 370 would decriminalize the use, possession, delivery, sale, and manufacture of drug paraphernalia when the paraphernalia is used to inject, ingest, inhale, or otherwise introduce a controlled dangerous substance into the human body. The bill removes those “administration” references from Maryland’s drug paraphernalia laws, while leaving in place prohibitions tied to paraphernalia used to plant, cultivate, process, package, store, or conceal controlled dangerous substances. In effect, the bill narrows the scope of conduct covered by Maryland’s drug paraphernalia statutes and redefines “controlled paraphernalia” to exclude hypodermic syringes, needles, and similar injection-related items from that definition.
The bill also amends the penalties for remaining paraphernalia offenses. It reduces the maximum penalties for certain misdemeanor violations from up to 2 years and $2,000 to up to 1 year and $1,000, and reduces another offense from up to 4 years and $25,000 to up to 1 year and $1,000. The bill preserves the separate, more serious penalty for delivering drug paraphernalia to a minor under specified age-difference circumstances. The act is set to take effect October 1, 2025.
SB 370 would amend several provisions of the Criminal Law Article, including the statutory definition of controlled paraphernalia and the offenses and penalties in Sections 5-619 and 5-620. It would remove criminal liability for paraphernalia associated solely with drug administration, such as syringes and needles, and would lower the maximum penalties for the remaining paraphernalia-related misdemeanors. The bill would therefore reduce the reach and severity of Maryland’s drug paraphernalia enforcement scheme, particularly as it relates to harm-reduction and injection-related items.
Based on the bill title, sponsor, and absence of recorded committee testimony or votes in the provided materials, the bill appears to be presented as a decriminalization measure with a reform-oriented purpose. The framing suggests support from the Baltimore City Administration and an intent to reduce criminal penalties for possession and distribution of certain paraphernalia. No contrary committee record is provided here, so the available context does not show formal opposition or amendment debate.
The main point of contention is likely the bill’s removal of criminal penalties for paraphernalia used to inject, ingest, or inhale controlled substances, which supporters would view as decriminalization and opponents may view as weakening drug enforcement. Another likely issue is the reduction in maximum penalties for remaining paraphernalia offenses, which could be criticized as too lenient. The bill also narrows the definition of controlled paraphernalia by deleting injection-related items such as hypodermic syringes and needles, while retaining penalties for paraphernalia tied to manufacturing, distributing, or dispensing controlled substances and for delivery to minors.