Marijuana Prosecution Policy

The Office of the State's Attorney for Baltimore City will no longer prosecute marijuana possession cases in light of the fact that prosecuting these cases has no public safety value, disproportionately impacts communities of color, erodes public trust, and is a costly and counterproductive use of limited resources.

The BCSAO has implemented the following common sense changes to their marijuana policy:

  • BCSAO will no longer prosecute marijuana possession cases, regardless of weight or a person’s prior criminal record.
  • BCSAO will prosecute distribution of marijuana as long as there is articulated evidence of intent to distribute beyond possession.
  • Every individual charged for the first time with felony possession with intent to distribute or with felony distribution will be referred to the Aim to B’More Diversion Program.
  • BCSAO is seeking to vacate nearly 5,000 prior marijuana convictions dating back to 2011.
  • BCSAO has proposed legislation that would give prosecutors the power to vacate convictions in the interest of justice.

Reforming a Broken System: Rethinking the Role of Marijuana Prosections in Baltimore City

The BCSAO’s policy shift is detailed in a new policy paper entitled, "Reforming A Broken System: Rethinking The Role Of Marijuana Prosecutions In Baltimore City."

Also read our Frequently Asked Questions to learn more about the BCSAO’s marijuana prosecution policy.

State’s Attorney Marilyn Mosby also testified before the U. S. House of Representatives Judiciary Subcommittee on Crime, Terrorism, and Homeland Security at the “Marijuana Laws in America:  Racial Justice and the Need for Reform” hearing.  This was the first hearing of its kind in recent history as Congress begins to takes an in-depth look at the injustices of marijuana prohibition and discussions to initiate federal law reform.

You can read State’s Attorney full written testimony submitted to Congress here.

You can download information about our Prosecution Policy for other offenses, here.

BCSAO In the News -  Marijuana Prosecution Policy