§ 1-211

Maryland § 1-211

• Jurisdiction: Maryland
• Article gcp: Criminal Procedure
• Title: 1

Text

(a) A law enforcement officer may not initiate a stop or a search of a person, a motor vehicle, or a vessel based solely on one or more of the following:

(1) the odor of burnt or unburnt cannabis;

(2) the possession or suspicion of possession of cannabis that does not exceed the personal use amount, as defined under § 5–601 of the Criminal Law Article; or

(3) the presence of cash or currency in proximity to cannabis without other indicia of an intent to distribute.

(b) If a law enforcement officer is investigating a person solely for driving or attempting to drive a motor vehicle or vessel while impaired by or under the influence of cannabis in violation of § 21–902 of the Transportation Article or § 8–738 of the Natural Resources Article, the law enforcement officer may not conduct a search of an area of a motor vehicle or vessel that is not:

(1) readily accessible to the driver or operator of the motor vehicle or vessel; or

(2) reasonably likely to contain evidence relevant to the condition of the driver or operator of the motor vehicle or vessel.

(c) Evidence discovered or obtained in violation of this section, including evidence discovered or obtained with consent, is not admissible in a trial, a hearing, or any other proceeding.