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<section article="gcr" article_name="Criminal Law" number="5-601.1" title_number="5" title_name="Controlled Dangerous Substances, Prescriptions, and Other Substances" subtitle_number="6" subtitle_name="Crimes Involving Controlled Dangerous Substances and Paraphernalia">
  <level label="a">
    <text>A police officer shall issue a citation to a person who the police officer has probable cause to believe has committed a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>A violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis is a civil offense.</text>
    </level>
    <level label="2">
      <text>Adjudication of a violation under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis:</text>
      <level label="i">
        <text>is not a criminal conviction for any purpose; and</text>
      </level>
      <level label="ii">
        <text>does not impose any of the civil disabilities that may result from a criminal conviction.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>A citation issued for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis shall be signed by the police officer who issues the citation and shall contain:</text>
      <level label="i">
        <text>the name, address, and date of birth of the person charged;</text>
      </level>
      <level label="ii">
        <text>the date and time that the violation occurred;</text>
      </level>
      <level label="iii">
        <text>the location at which the violation occurred;</text>
      </level>
      <level label="iv">
        <text>the fine that may be imposed;</text>
      </level>
      <level label="v">
        <text>a notice stating that prepayment of the fine is allowed, except as provided in paragraph (2) of this subsection; and</text>
      </level>
      <level label="vi">
        <text>a notice in boldface type that states that the person shall:</text>
        <level label="1">
          <text>pay the full amount of the preset fine; or</text>
        </level>
        <level label="2">
          <text>request a trial date at the date, time, and place established by the District Court by writ or trial notice.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>If a citation for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis is issued to a person under the age of 21 years, the court shall summon the person for trial.</text>
    </level>
  </level>
  <level label="d">
    <text>The form of the citation shall be uniform throughout the State and shall be prescribed by the District Court.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>The Chief Judge of the District Court shall establish a schedule for the prepayment of the fine.</text>
    </level>
    <level label="2">
      <text>Prepayment of a fine shall be considered a plea of guilty to a Code violation.</text>
    </level>
    <level label="3">
      <text>A person described in subsection (c)(2) of this section may not prepay the fine.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>A person may request a trial by sending a request for trial to the District Court in the jurisdiction where the citation was issued within 30 days of the issuance of the citation.</text>
    </level>
    <level label="2">
      <text>If a person other than a person described in subsection (c)(2) of this section does not request a trial or prepay the fine within 30 days of the issuance of the citation, the court may impose the maximum fine and costs against the person and find the person is guilty of a Code violation.</text>
    </level>
  </level>
  <level label="g">
    <text>The issuing jurisdiction shall forward a copy of the citation and a request for trial to the District Court in the district having venue.</text>
  </level>
  <level label="h">
    <level label="1">
      <text>The failure of a defendant to respond to a summons described in subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure Article.</text>
    </level>
    <level label="2">
      <text>If a person at least 21 years old fails to appear after having requested a trial, the court may impose the maximum fine and costs against the person and find the person is guilty of a Code violation.</text>
    </level>
  </level>
  <level label="i">
    <text>In any proceeding for a Code violation under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis:</text>
    <level label="1">
      <text>the State has the burden to prove the guilt of the defendant by a preponderance of the evidence;</text>
    </level>
    <level label="2">
      <text>the court shall apply the evidentiary standards as prescribed by law or rule for the trial of a criminal case;</text>
    </level>
    <level label="3">
      <text>the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;</text>
    </level>
    <level label="4">
      <text>the defendant is entitled to cross–examine all witnesses who appear against the defendant, to produce evidence or witnesses on behalf of the defendant, and to testify on the defendant’s own behalf, if the defendant chooses to do so;</text>
    </level>
    <level label="5">
      <text>the defendant is entitled to be represented by counsel of the defendant’s choice and at the expense of the defendant; and</text>
    </level>
    <level label="6">
      <text>the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be:</text>
      <level label="i">
        <text>guilty of a Code violation;</text>
      </level>
      <level label="ii">
        <text>not guilty of a Code violation; or</text>
      </level>
      <level label="iii">
        <text>probation before judgment, imposed by the court in the same manner and to the same extent as is allowed by law in the trial of a criminal case.</text>
      </level>
    </level>
  </level>
  <level label="j">
    <level label="1">
      <text>The defendant is liable for the costs of the proceedings in the District Court.</text>
    </level>
    <level label="2">
      <text>The court costs in a Code violation case under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis in which costs are imposed are $5.</text>
    </level>
  </level>
  <level label="k">
    <level label="1">
      <text>The State’s Attorney for any county may prosecute a Code violation under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis in the same manner as prosecution of a violation of the criminal laws of the State.</text>
    </level>
    <level label="2">
      <text>In a Code violation case under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis, the State’s Attorney may:</text>
      <level label="i">
        <text>enter a nolle prosequi or move to place the case on the stet docket; and</text>
      </level>
      <level label="ii">
        <text>exercise authority in the same manner as prescribed by law for violation of the criminal laws of the State.</text>
      </level>
    </level>
  </level>
  <level label="l">
    <text>A person issued a citation for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis who is under the age of 18 years shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article.</text>
  </level>
  <level label="m">
    <text>A citation for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis and the official record of a court regarding the citation are not subject to public inspection and may not be included on the public website maintained by the Maryland Judiciary if:</text>
    <level label="1">
      <text>the defendant has prepaid the fine;</text>
    </level>
    <level label="2">
      <text>the defendant has pled guilty to or been found guilty of the Code violation and has fully paid the fine and costs imposed for the violation;</text>
    </level>
    <level label="3">
      <text>the defendant has received a probation before judgment and has fully paid the fine and completed any terms imposed by the court;</text>
    </level>
    <level label="4">
      <text>the case has been removed from the stet docket after the defendant fully paid the fine and completed any terms imposed by the court;</text>
    </level>
    <level label="5">
      <text>the State has entered a nolle prosequi;</text>
    </level>
    <level label="6">
      <text>the defendant has been found not guilty of the charge; or</text>
    </level>
    <level label="7">
      <text>the charge has been dismissed.</text>
    </level>
  </level>
</section>
