MD Legalizes Weed, Updates On Referendum Vote Counts: AP

Updated at 12:15 a.m. Wednesday

MARYLAND — Maryland voters agreed to join 19 other states and moved Tuesday to legalize the use of recreational marijuana. The constitutional amendment says recreational marijuana will be legal in July 2023 for people 21 and older, if the General Assembly passes legislation in its next session regarding distribution, regulation and taxation of cannabis, the Associated Press reported.

Patch will update this story with results as they come in. Check back frequently for live updates.

Marylanders considered five ballot measures in the Nov. 8 general election. The one with the widest impact was the question of whether recreational marijuana should be legal, known as Ballot Question 4.

Some supporters said they believed the state would benefit from the tax revenue cannabis sales will generate, while others said they consider it to be less damaging than alcohol.

“I don’t feel it will do any harm, and I think that it might actually do some good,” said Mary Magnotti, of Annapolis, noting that marijuana has been medically helpful to her.

While medical marijuana has been legal for years in Maryland, opponents thought legalizing recreational cannabis went too far, the AP said.

Lawmakers already approved legislation this year to take steps to changing the law regarding cannabis, but the General Assembly left matters of licensing and taxes for lawmakers to decide next year.

A law enacted earlier this year includes provisions spelling out a transitional period between Jan. 1 and July 1. For example, starting Jan. 1 and continuing through June 30, possession of the personal use amount, no more than 1.5 ounces, is a civil offense. Violators would be subject to a maximum fine of $100. On July 1, possession of up to 1.5 ounces would be legal for someone over 21.

Reuters said 37 states, including Maryland, have legalized medical marijuana.

Maryland would be the 20th state to legalize recreational marijuana, The Washington Post reported. Journalist Karina Elwood said Washington, D.C., legalized weed in 2014, and Virginia followed in 2021.

The exact ballot question asks: "Do you favor the legalization of the use of cannabis by an individual who is at least 21 years of age on or after July 1, 2023, in the State of Maryland?"

• Related: 2022 Midterm Elections: Control Of Congress, Governors, Weed On Ballot

Ruth Goldberg, a Democrat, talked to Patch after voting at the Odenton Baptist Church, and said she voted to legalize recreational marijuana.

"The criminal justice system is disproportionately focused on drug enforcement," Goldberg said. "It's a waste of money and ruins people's lives for small infractions, so I'd rather see it legal and have people focus on more important things."

Paul Rose, a Democrat and veteran who said he is frustrated with the direction of the party, voted at Arundel High School in Gambrills. Rose, who served in the Marine Corps, voted against legalizing recreational marijuana.

"I've seen the effects of what it's done to a lot of people in my life, so I'm not for it at all," he told Patch.

Polls show Americans overwhelmingly support marijuana legalization. With proposals on the ballot in Arkansas, Maryland, Missouri, North Dakota and South Dakota, the number of states where people can buy small amounts of recreational pot could expand from the current 19 states and the District of Columbia.

A September poll from Goucher College, the Baltimore Banner and 88.1 FM WYPR found that most voters want to legalize recreational marijuana.

In the Goucher poll, 59 percent of Marylanders said they will vote to legalize pot. Another 34 percent plan to vote against the ballot question.

Another September poll from The Washington Post and the University of Maryland found greater support. That survey suggested that 73 percent of registered Maryland voters favored legalizing recreational marijuana. About 23 percent opposed legalization.

The law that would regulate marijuana if the measure passes will automatically expunge prior weed convictions that would become legal after the referendum, Ballotpedia reported. Anybody currently serving time for those crimes would then have permission to file for resentencing.

If the marijuana referendum passes, 62 percent of Goucher poll respondents think Maryland should expunge and erase the records of those charged with or convicted of marijuana use and/or possession crime. About 29 percent believe the state should not expunge those records.

Check back Wednesday for updated results on the other referendums.

The other statewide ballot measures, as explained by Ballotpedia, if approved would:

• Rename the Maryland Court of Appeals as the Supreme Court of Maryland and change the Maryland Court of Special Appeals to the Appellate Court of Maryland. The measure had 73.44% approval to 26.56% against the amendment, with votes still being counted.
• Amend the Maryland Constitution to require that state legislators live in and maintain a primary residence in the district they wish to represent for at least six months before an election. The measure earned 89.26% approval and 10.74% against so far, with votes still being counted.
• Amend the Maryland Constitution to only guarantee the right to a jury trial in civil cases if the amount in question is greater than $25,000. The current minimum for a jury trial is $15,000. Approval for the amendment was 61.68% with 38.32% against; votes are still being counted.
• Amend the state constitution to require that Howard County Circuit Court judges serve on the orphans' court and repeal the county's current elections for three judgeships on the orphans' court. The measure had 65.49% approval and 34.51% against, with votes still being counted.

The Howard County court question needs a plurality of votes statewide and a plurality in Howard County specifically to pass.

All these state and county ballot questions will pass if they collect a plurality of votes. That means they just need to secure more yes's than no's.

When Will The Results Be Certified?

Election officials across the state will not certify the final results for at least 10 days. Officials must wait for every mail-in and provisional ballot to trickle in.

All 24 jurisdictions will start releasing their early voting and Election Day tallies on Nov. 8. That evening, only 10 jurisdictions will release their early mail-in ballot results tallied before Election Day.

The Maryland Court of Appeals on Oct. 7 ruled that local election offices can opt to start counting mail-in ballots before Election Day. They cannot release these results until after polls close on Election Day, however. Jurisdictions counting early must continue accepting mailed ballots postmarked by Nov. 8 until the statewide deadline of Nov. 18 at 10 a.m.

These jurisdictions plan to conduct pre-Election Day canvassing of mail-in ballots: Baltimore City and Allegany, Baltimore, Calvert, Frederick, Howard, Montgomery, Prince George's, Saint Mary's and Washington counties.

Fourteen jurisdictions do not have the space or personnel to count early mail-in ballots as they arrive.

These counties will start canvassing their mail-in ballots on Nov. 10, which is two days after Election Day: Anne Arundel, Caroline, Carroll, Cecil, Charles, Dorchester, Garrett, Harford, Kent, Queen Anne's, Somerset, Talbot, Wicomico and Worcester counties.

Election officials will tally provisional ballots on Nov. 16. Mail-in ballots will be counted as they arrive until Nov. 18.

Local boards cannot certify their final results before Nov. 18.