A variety of bills were passed and repealed in the spring legislative session and have become effective October 1, 2014 in the State of Maryland.

Marijuana Decriminalization: Possession of less than 10 grams of marijuana is a civil offense and will carry a fine. Although possession of 10 grams or less is a civil penalty, possession of drug paraphernalia is still a crime.

“Move Over Law”: This bill expands the “move over law” to tow trucks, requiring drivers approaching a tow truck that is stopped, standing, or parked on a highway and using certain visual signals, unless otherwise directed by a police officer or traffic control device, to make a lane change into an available lane not immediately adjacent to the tow truck or to slow to a reasonable and prudent speed that is safe.

“Jake’s Law”: This bill enhances the penalties and fines applicable to use of a text messaging device for writing, sending, or reading a text message or electronic mail, and use of a cell phone by drivers 18 years of age or older while operating a motor vehicle that causes an accident that directly results in the death or serious bodily injury of another. If a person commits this offense, the Motor Vehicle Administration (MVA) must assess 12 points against the driver’s license. A violator is guilty of a misdemeanor and is subject to imprisonment for up to one year and/or a maximum fine of $5,000. A sentence imposed under the bill must be separate from and concurrent with a sentence for another crime based on whole or part on the same incident.

Repeat DUI Offenders: This bill increases the penalties for a third or subsequent violation of either (1) driving while impaired by alcohol or (2) driving while impaired by any drugs, and/or a combination of drugs and alcohol, that the person cannot drive safely, from a maximum of one year imprisonment and/or a fine of up to $500, to a maximum of three years imprisonment and/or a fine of up to $3,000. If either of these offenses is committed while transporting a minor, the maximum penalty for a third or subsequent offense increases from a maximum of one year imprisonment and/or a fine of up to $2,000 to a maximum of four years imprisonment and/or a fine of up to $4,000.

Litter Law: This bill requires the Court to notify the Maryland MVA of a defendant convicted of violating the “Illegal Dumping and Litter Control Law” (Criminal Law, § 10-110) while using a motor vehicle. Upon receipt of such a notification, the MVA would be required to assess a 2, 3 or 5-point penalty against the defendant’s driver’s license, depending on the weight of litter illegally dumped.

Fairness for All: This bill prohibits discrimination based on gender identity or sexual orientation with respect to a variety of areas including public accommodations, housing, employment, leasing of property for commercial use, and the provision of certain services. It also precludes discrimination by certain licensed or regulated persons, and requires certain State personnel actions to be made without regard to gender identity or sexual orientation. The most significant change is to the existing provision authorizing employers to establish workplace dress and grooming standards as long as they are directly related to the nature of employment, are not precluded by any State or federal law, and allow employees to appear, groom, and dress consistent with the employee’s gender identity.

Maryland repealed the law of unauthorized use of a rental motor vehicle. The law prohibited persons not on a rental agreement from using the rental motor vehicle. Use of the vehicle without consent of the lessor could have resulted in a fine or imprisonment up to two months. The entire law was stricken.