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Bill Summary · SB 370

SB 370 — Drug Paraphernalia for Administration — Decriminalization

Status: Hearing scheduled Jan 29 at 11:00 a.m.
Introduced: Nov 14, 2024
Primary subject area: Criminal law — drug paraphernalia (Maryland)

Main purpose / intent

SB 370 narrows criminal prohibitions related to drug paraphernalia by (1) removing certain items (notably hypodermic syringes/needles) from the statutory definition of “controlled paraphernalia,” (2) repealing criminal prohibitions that targeted paraphernalia used to introduce a controlled dangerous substance (CDS) into the body, and (3) reducing maximum penalties for several paraphernalia offenses. The bill refocuses criminal liability on paraphernalia associated with manufacturing, distributing, or dispensing CDS rather than personal administration.

Key provisions (by statute)

  • Amends Criminal Law Art., sections 5-101(h), 5-619(c) & (d), and 5-620(a), (b), (d).
  • Definition change (5-101(h)): removes hypodermic syringes, needles, or other objects “adapted to administer a CDS by hypodermic injection” from the statutory definition of “controlled paraphernalia.” Retains containers (glassine, gelatin capsules) and diluents/adulterants.
  • Repeals criminal prohibitions that made it unlawful to use or possess paraphernalia with intent to inject, ingest, inhale, or otherwise introduce a CDS into the human body (5-619(c)) and similar delivery/manufacture restrictions tied to administration (5-619(d)).
  • Alters the intent element for possession/distribution of controlled paraphernalia (5-620): criminal liability attaches where circumstances indicate intent to manufacture, distribute, or dispense a CDS (rather than to administer).
  • Removes “measuring spoon” from a list of items that may be evidence of unlawful intent to manufacture/distribute/dispense.
  • Penalty reductions:
    • For subsequent violations of the use/possession and delivery/sale prohibitions: maximum reduced from imprisonment up to 2 years and/or $2,000 fine to imprisonment up to 1 year and/or $1,000 fine.
    • For offenses under controlled paraphernalia statute: maximum reduced from imprisonment up to 4 years and/or $25,000 fine to imprisonment up to 1 year and/or $1,000 fine.
  • Keeps certain enhanced penalties intact (e.g., delivery of paraphernalia by an adult to a minor remains a separate, severe misdemeanor with up to 8 years / $15,000).

Who is affected

  • Individuals who possess or use syringes/needles and other paraphernalia for personal administration — likely to face fewer criminal exposures under the amended statutes.
  • Vendors, health programs, and syringe-service/harm-reduction programs — may see a reduced criminal risk for dispensing syringes (subject to other law).
  • Law enforcement and prosecutors — changes the types of paraphernalia cases that can be pursued and lowers applicable maximum penalties.
  • Minors: protections and severe penalties for adults delivering paraphernalia to minors remain.

Fiscal and equity notes

  • Fiscal impact: State fiscal note projects a minimal decrease in general fund revenues (reduced fines) and no material change in expenditures.
  • Racial equity analysis: The bill is expected to reduce the number of paraphernalia charges/convictions. Maryland Department of State Police arrest data cited in analysis did not show clear racial disparities for paraphernalia arrests in aggregate, but analysts note data limitations (cannot reliably separate personal-use paraphernalia from distribution/manufacturing cases).

Procedural / timing

  • Introduced Nov 14, 2024. Hearing scheduled Jan 29 (per bill header). (Text includes an Oct 1, 2025 effective date in the enacted-version language.)
  • If enacted as written, statutory changes would take effect on the date specified in the act (see bill text for exact effective date).

Practical implications / considerations

  • The bill shifts statutory focus away from criminalizing possession/use of paraphernalia for personal administration toward targeting paraphernalia connected to manufacturing or distribution.
  • Potential public health implications include easier access to syringes and reduced legal barriers for harm-reduction services — though the bill itself does not create programmatic funding or regulatory changes for such services.
  • Prosecution discretion, local enforcement practices, and overlapping federal/state statutes remain relevant to on-the-ground outcomes.

For the precise statutory language and official fiscal/racial equity analyses, see the bill text amending Criminal Law Art. §§ 5-101, 5-619, and 5-620.

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

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