Students and Marijuana

Over the last two years, legislators in the Maryland General Assembly have made changes to the criminal law of simple possession of marijuana.   So has the University of Maryland, where housing termination and 2 year drug testing are no longer automatic penalties for minor drug violations under the Code of Student Conduct.   In addition, University of Maryland students may face an array of administrative punishments if the university’s Office of Student Conduct obtains jurisdiction.  

Efforts in the General Assembly in 2013 and 2014 to  decriminalize marijuana possession and treat small possessions as a civil and not criminal infraction finally garnered enough support to pass.  On April 5, 2014, the Maryland House of Delegates joined the Maryland Senate to enact historical changes to the Maryland drug laws by agreeing to make possession of less than 10 grams of marijuana a civil infraction, punishable only by fine. Consequently, an offender would not have a criminal conviction on his record.  The bill has been signed by Maryland Governor Martin O'Malley and will become effective on October 1, 2014. 

For violators 21 and older, a first offense (possession of less than 10 grams of marijuana) would be treated with a fine of $100.00 with subsequent offenses treated by escalating fines. First and second offenders would be able to prepay the fine by mail.  However, for those between the ages of 18 and 20, a court appearance would be required.  If found guilty of the civil infraction, those under the age of  21 would likely receive drug education or treatment.   Sale, distribution, manufacturing, or possession of more than 10 grams of marijuana would remain criminal violations.

Students caught with marijuana in their dorm, on campus, or in close proximity to campus are likely to receive a notice from UM even if they also were criminally charged.  Depending on the offense, students face many options concerning University sanctions.   These may range from an educational course on drug use, community service, a probationary period, housing termination, drug testing, and even a suspension from the university if the quantity of marijuana is significant or there is evidence of sale or distribution.

Because of the importance of a good record, free of civil or criminal violations, a student immediately should consult and obtain representation from an attorney.  A student should not attempt to do it alone or represent himself in court as the implication to the student’s future is too serious. 

With 40 years of experience in handling such legal matters both in the Maryland courts and at the University of Maryland, I know how to eliminate or reduce exposure and damage that can result from such charges either in the courts or at the university.  So please call me at 301-779-7858 for a free 30-minute consultation.  My office is only one block from campus.   I can answer your questions and outline a course of action to keep your record clean or minimize any damage that could occur to you.

Graduate Students and the Law

With the costs of higher education increasing faster than the cost of  health care  in the United States, graduate students should ensure that legal problems or contractual disputes with the university will not destroy their educational investment.     This can happen in one of several ways.

University policy defines needed academic requirements and performance for graduate students.  Such policies become contractual obligations between the graduate student and his university.  For example, the number of credits for graduation, the writing components to graduate (i.e., thesis and dissertation) course requirements, which are set forth in university policy are contractual concepts binding both the student and the university.  Policies may be named differently from university to university.

By matriculating and paying tuition, students and the university enter into a basic contract.   If the university fails to perform its contractual duties by arbitrarily changing requirements, or arbitrarily denying course credit, or arbitrarily grading, a graduate student has a potential breach of contract action against the university.   Students should be cognizant of their rights, duties, and responsibilities set forth in policy and official college statements.

Academic dishonesty allegations against graduate students in tests or papers including plagiarism, cheating, and facilitation can do great harm to the student’s academic career if the charge leads to a finding of responsibility. Dismissal by either suspension or expulsion, a grade of “F” for the course or an “XF” denoting a failing grade due to academic dishonesty can all derail a student’s progress towards graduation.  Graduate students are wise to learn about the policies dealing with academic dishonesty and to seek an attorney who can provide guidance, legal help and assistance if such a charge is ever brought.

Finally, misdemeanor traffic charges against the graduate student can have serious consequences on driving privileges including loss of driving privileges. Such charges can involve driving under the influence of alcohol, driving with a suspended license or without insurance.  All violations carry jail time, significant fines, points, and a potential loss of license.

If any you are facing any of these legal problems, please call me for a free 30-minute consultation at 301-779-7858.

Fake and Fictitious ID users may face increased risk of arrests, penalties

By Ali von Paris,

Class of 2012

Underage college students who try to get into bars or purchase liquor with fictitious or borrowed IDs face fines and jail time, according to Retired Major Paul Dillon, spokesperson for University of Maryland police department.

According to Maryland criminal law, using a fake ID can carry a maximum penalty of 6 months of jail and a fine up to $500. More important for students, it is a crime that if not dealt with properly could leave a student with a criminal record or a criminal arrest.

Although this maximum penalty of jail time is unlikely in Maryland courts, a convicted student-defendant could face a fine, probation, alcohol counseling, community service, or a combination of these punishments.

Mr. Dillon says he has seen a noticeable shift from previously citing lawbreakers with fictitious licenses, under the Maryland Transportation Article, which is the lesser charge and not treated in the criminal law of Maryland. However a violation is subject to a fine of $500 and 60 days incarceration at the discretion of the courts. A violation under the Transportation Article also can lead to a 12 point assessment of points by the Maryland Motor Vehicle Administration and a revocation of your driving privileges. If this occurs, a driver would be entitled to a hearing before the Office of Administrative Hearings to show cause why the license should not be revoked. Especially in this post September 11 environment with increased pressure from Secret Service and government agencies, it is increasingly more likely to try cases like this under criminal law and not the transportation law.

Mr. Dillon supported this, saying that 33.8% of cases are tried under the criminal offense. He also stated that the number of fake ID citations this year have increased dramatically due to a grant for enforcement efforts. There were 133 citations given in 2009, when generally there are an average of 5 citations given a month. Students should understand that when they go out to the bars underage, they are taking many risks that they could otherwise avoid by staying away.

With a new gadget called “E-tix”, it will become easier for police officers to issue citations. These will be implemented on a larger scale in College Park in about two months. E-tix, Mr. Dillon describes, is an electronic device that makes it easier for police officers to ascertain the validity of licenses and registration. Once the information is scanned into the machine, it instantly registers and checks the information and creates an electronic ticket if necessary. There will no longer be the need for an offender’s signature, since everything will be done electronically.

Mr. Dillon says that there will most likely be an increase in the number of citations given for fictitious licenses due to the new device. It may then plateau after a few months. He went on to say that although there may be an increase in the amount of citations for bogus licenses, it would not be because the police are trying to fill any sort of quota.

“In fact,” he says, “the UMPD in College Park gets no money for the amount of arrests or tickets they issue. The state gets the money, but there is no direct correlation to the University of Maryland police force.”

So, next time you decide you want to go to the bars underage, be wary of the consequences you may face, and how such punishments could affect your future and your driving privileges.

Further Information:

A Note from the Barrister...

Because of the serious nature and punishment for offenses associated with fictitious licenses, it is important for students to seek legal representation. Trials in any District Court proceeding are best handled with assistance from an attorney.

An attorney can help a charged student determine if certain defenses may exist to the citation or charge. Common areas where defenses may arise are whether the license was obtained by law enforcement in a constitutional manner. Were the stop of the student and the search and seizure of the fictitious license done with constitutional justification? Is the charging document properly filled in as to name, date, and location? If not, do any of these errors or omissions rise to the level of affording a defense to the defendant? Did law enforcement officer charge the student-defendant with the right section of law? These are just preliminary inquiries for the student and his/her attorney to review and answer.

If you ever receive a citation or charge for possessing, displaying or borrowing a license not yours or a fictitious license, feel free to call us at 301-779-7858 for a free initial consultation. Our office is conveniently located one block from campus.