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Md. marijuana laws may lead to battle over probable cause

Md. marijuana laws may lead to battle over probable cause

Recently-passed legislation decriminalizing marijuana paraphernalia as well as smoking it in public may set the stage for a Fourth Amendment battle if Gov. Larry Hogan signs the measure into law. The law follows on the heels of 2014's decriminalization of possession of less than 10 grams of marijuana and would also decriminalize use and possession of marijuana paraphernalia. With the last remaining criminal element of small quantities of marijuana eliminated, law enforcement and prosecutors are left wondering whether the odor of marijuana will be sufficient probable cause to search individuals and vehicles. "We're putting our officers in a position where it's very...

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