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.

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.

BCSAO In the News -  Marijuana Prosecution Policy