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HB 1392

Creating the medicaid access program.

2025-2026 Regular Session Introduced by Emily Alvarado and 23 co-sponsors

Prohibits smoking, vaping, or consuming cannabis in a vehicle's passenger area when a minor is present; makes it a misdemeanor punishable by up to 1 year in jail and/or $1,000 fine.

Effective date 5/19/2025*.
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WeVote Research Nonpartisan
Bill Summary · HB 1392

Summary — HB 1392

Vehicle Laws — Cannabis Use in Motor Vehicle With Minor Occupant — Prohibition

Main purpose

To prohibit smoking, vaping, or otherwise consuming cannabis in the passenger area of a motor vehicle when a minor is an occupant, and to make a violation a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000.

Key provisions

  • Adds a new section (Article — Transportation §21–903.1) that:
    • Prohibits an individual from smoking, vaping, or consuming cannabis in the passenger area of a motor vehicle in which a minor is an occupant.
    • Incorporates the statutory definitions of “cannabis” and “passenger area” from existing law (references to §5–101 of the Criminal Law Article and §21–903).
    • Sets the criminal penalty: a misdemeanor with maximum punishment of imprisonment not exceeding 1 year and/or a fine not exceeding $1,000.
  • The bill text included an effective date of October 1, 2025.

Who would be affected

  • Drivers and other occupants of motor vehicles when a minor (child) is present.
  • Law enforcement and prosecutors responsible for enforcing and prosecuting the new misdemeanor.
  • Courts and local detention systems could see minimal additional caseloads if prosecutions occur.
  • Motor Vehicle Administration (MVA) actions (e.g., points) are not specified in the bill text; existing MVA penalty schemes for other cannabis/vehicle offenses remain separate.

Relationship to current law

  • Current Maryland law already prohibits smoking cannabis in the passenger area of a motor vehicle on a highway (occupant: civil offense, max $25; driver: misdemeanor, max $500 plus MVA penalties and prepayment amounts under certain circumstances). HB 1392 differs by:
    • Extending the prohibition to vaping and other consumption methods (not only smoking).
    • Triggering the prohibition by the presence of a minor (rather than by vehicle being on a highway).
    • Establishing a stiffer maximum criminal penalty (up to 1 year / $1,000) than the existing driver misdemeanor maximum ($500).
  • The bill relies on existing statutory definitions of “cannabis” (including THC thresholds) and “passenger area.”

Fiscal and implementation impact

  • Department of Legislative Services fiscal note: potential minimal increase in State and local general fund revenues and expenditures due to the penalty provision; the Judiciary can implement the bill with existing budgeted resources. No anticipated effect on small businesses.

Legislative status and timeline

  • Introduced: November 18, 2024.
  • Fiscal note (DLS) prepared — First Reader dated March 4, 2025.
  • Status provided with this filing: Withdrawn by Sponsor (legislative records indicate the bill was withdrawn by the sponsor on March 14, 2025). As withdrawn, it did not advance to enactment in this form.

Note: The source packet contained multiple unrelated bill texts and legislative actions from other states and sessions; this summary is limited to the Maryland HB 1392 provision regarding cannabis use in vehicles with minor occupants.

Compiled from official sources — confirm details with the bill’s official record.

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