Criminal Law - Drug Paraphernalia and Controlled Paraphernalia Prohibitions - Repeal
HB0551 repeals Maryland’s criminal law prohibitions relating to drug paraphernalia and “controlled paraphernalia.” Specifically, it deletes the statutory definitions of “controlled paraphernalia” and “drug paraphernalia” and repeals the sections that currently prohibit possession, use, or related conduct involving those items. The bill also makes conforming changes to the Criminal Law article by removing references tied to those repealed provisions and updating the definitions section accordingly.
In practical terms, the bill would eliminate state-level criminal penalties under these provisions for items commonly associated with drug use or drug preparation, such as syringes, needles, packaging materials, scales, diluents, and other paraphernalia described in the current law. The bill is set to take effect October 1, 2026, and would alter the enforcement landscape for controlled substance-related equipment and materials in Maryland.
The bill would amend Title 5 of the Criminal Law article by repealing Sections 5-619 and 5-620 and striking the definitions of “controlled paraphernalia” and “drug paraphernalia” from Section 5-101. This would remove existing statutory bases for prosecuting paraphernalia-related offenses under Maryland law and would require law enforcement, prosecutors, courts, and regulated parties to operate without those specific criminal prohibitions. The bill does not change the underlying controlled dangerous substance schedules or other drug offenses, but it would narrow the state’s criminal code by eliminating paraphernalia-specific offenses.
The available context shows the bill was introduced and referred to the Judiciary Committee, with no recorded votes or committee transcript excerpts provided. Based on the bill’s sponsorship by a broad group of delegates, the measure appears to have support from members interested in drug policy reform or decriminalization. Because no hearing testimony or vote history is included, there is no direct record here of opposition or consensus, but the bill’s repeal of long-standing criminal prohibitions suggests it is likely to be viewed as a significant policy change.
The main point of contention is likely whether Maryland should continue to criminalize possession or use of items associated with drug consumption and distribution. Supporters would likely argue that repealing paraphernalia offenses reduces unnecessary criminal penalties and may better align enforcement with public health approaches, while opponents may argue that removing these prohibitions could weaken tools used to deter drug use and trafficking. The bill’s broad repeal of both “drug paraphernalia” and “controlled paraphernalia” provisions makes the scope of the change substantial, which is likely to be the central issue in committee debate.