Baltimore residents announced on Nov. 5 that the state is joining communities where residents were wrongly targeted for arrest or prosecution under Maryland's anti-marijuana law before the state legalized recreational use last year. The city will vote on whether to create a city fund that would use the money to make the compensation.
The Charter Amendment will appear as Question G on the ballot. This issue will probably pass. Voters have rejected only one ballot question in the past 20 years.
Maryland imposes a 9% tax on recreational marijuana sales, 35% of which is set aside in the state's Community Restoration and Reinvestment Fund, which is funded by a It will be distributed to each district based on a percentage.” Maryland State Comptroller's Office.
Baltimore is slated to receive the largest portion of the funding, which runs through June 30, 2033. The state Department of Social Equity calculates funding based on the total number of marijuana possession charges in a jurisdiction compared to the total number of marijuana possession charges statewide. From July 1, 2002 to January 1, 2023.
At the time, Baltimore accounted for 30 percent of all property prosecutions in Maryland, according to state data. Even after the state decriminalized marijuana in 2014, Baltimore authorities continued to disproportionately target Black people, according to the Baltimore Fishbowl website and an analysis by former state attorney Marilyn Mosby's office. Of the 1,514 people arrested for marijuana possession between 2015 and 2017, including 66 children, 96% were black, and between 2015 and 2019, 94% of those given citations by police were black. It was.
Before local governments can receive a portion of the statewide funds, they must pass legislation establishing how the funds will be used. State law defines disproportionately affected communities as areas where marijuana possession charges exceed 150% of the state's 10-year average. We do not limit potential recipients on the basis of race.
Last year, the City Council, led by Council President Nick Mosby, passed a bill creating a 17-member independent commission to oversee city funds, and Mayor Brandon Scott signed the commission in August of the same year. Mosby said he, Scott, Comptroller Bill Henry and each of the 14 City Council members are in the process of selecting members to serve on the committee. According to the council's agenda, five council members from Districts 2, 5, 8, 9 and 10 are scheduled to have a hearing with the Code Oversight Committee on Thursday.
The council passed a charter amendment to create the fund in May. Scott gave his stamp of approval in July despite initial opposition from Chief Equity Officer Dana Moore.
In a memo from the Office of Equity and Civil Rights, Moore wrote that adding funds to Baltimore City's charter could leave the city struggling to make payments even after state funds are depleted in 2033, leaving the city short of funds. It was argued that there is a possibility of delegation of authority. He said the city would use the Equity Fund, which already exists and funds programs to correct inequities in areas such as housing and education, to direct state funding to affected communities. He said alternatives such as spending money should be considered.
Mosby and Davon Love, director of public policy for Beautiful Struggle Leaders, a supporter of the cannabis reform law that created the statewide fund, dismissed Moore's concerns.
“This law does not require the city to contribute money to the fund,” Love said. He said he doesn't know how much profit the city will make, but “the (recreational marijuana) industry is doing well even though it's only been in business for a year.”
Mosby said his bill would ensure that state funds are allocated for specific purposes to avoid commingling with the city's general fund and ensure targeted areas actually receive the funds. He said he created a “lockbox” mechanism.
The state fund made $21.3 million in sales taxes alone in the first year recreational marijuana was legalized, according to a report from State Auditor Brooke Lierman's office. This figure does not include the amount earned from fees that medical dispensaries must pay to cover recreational retail marijuana sales licenses.
Whatever amount Baltimore receives, Mosby expects it to be “a significant amount.”
“This is an important step for the city to take to ensure that communities that have been disproportionately affected by the drug war receive some recognition,” he said.
Question G, known as the Community Reinvestment and Reparations Fund, reads: The commission's work falls within the use restrictions of section 1-322 (“Community Reinvestment and Repair'') of the state's Alcoholic Beverage and Cannabis Code. The Mayor and City Council are authorized by ordinance to oversee, govern, and manage the Fund. ”
Election day is November 5th.
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Baltimore Sun reporter Dan Belson contributed to this article. Have a news tip? Contact Lia Russell at lrussell@baltsun.com, (667) 334-9198 or @LiaOffLeash on X.
First Published: October 8, 2024 at 1:33 p.m.
