HCC Cannabis Policy | Hagerstown Community College
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Hagerstown Community College

HCC Cannabis Policy

HCC Cannabis Policy

HCC Cannabis Policy

The HCC Police Department is providing information regarding the recent law changes related to cannabis, and how that will affect our campus community. Maryland voted to legalize some amounts of cannabis. Marijuana is now referred to as Cannabis by Maryland laws.

Effective July 1, 2023, the State of Maryland permitted the personal possession and use of cannabis (marijuana) under certain circumstances for those over the age of 21. However, the Hagerstown Community College policies and code of conduct will NOT change. Hagerstown Community College, like other colleges and universities across the state, we receive funding from the federal government. As a result of this, HCC falls under the 1989 Drug-Free Schools and Communities Act (DFSCA). This act requires institutions of higher education to establish polices that address the unlawful possession, use, or distribution of alcohol and illicit drugs for faculty, staff and students. Under federal law, Cannabis is still considered a controlled substance. Therefore, Hagerstown Community College prohibits the possession and/or use of cannabis on all College properties and College-sponsored activities.

HCC prohibits the possession and use of All cannabis including recreational cannabis and medical cannabis. You may not possess or use medical cannabis on any College property or at any College-sponsored event. The HCC Student Code of Conduct will be used to address students found to be in possession and/or use of cannabis on College property. The HCC Police Department will continue enforcing this policy on campus. Those students who violate the HCC campus policies will be subjected to disciplinary action from the Dean of Student’s Office and potential Civil Fines from the State of Maryland.

Expectations and consequences for employees regarding possession or use of cannabis on College property or during College sponsored activities are outlined in the Employee Handbook.

The possession, use, and/or distribution of cannabis on the campus of Hagerstown Community can result in civil penalties. Those violations can result in monetary fines being placed against students, faculty and staff in the form of civil citations. Civil citations fall under the jurisdiction of the District Court of Maryland. The following list contains information on the Civil Violations and respective fines.

Criminal Codes

Civil Amount of Cannabis – “Civil Amount” means:

  1. An amount of usable cannabis that exceeds 1.5 ounces, but does not exceed 2.5 ounces;
  2. An amount of concentrated cannabis that exceeds 12 grams but does not exceed 20 grams; or
  3. An amount of cannabis products containing delta-9-tetrahydrocannabinol that exceeds 750 mg but does not exceed 1,250mg.

CR § 5-601(c)(2)(ii)(2) – A finding of guilt for use or possession of the civil use amount of cannabis is a civil offense punishable by a fine not exceeding $250.00

Personal Amount of Cannabis – “Personal Use Amount” means:

  1. An amount of usable cannabis that does not exceed 1.5 ounces;
  2. An amount of concentrated cannabis that does not exceed 12 grams; or
  3. An amount of cannabis products containing delta-9-tetrahydrocannabinol that does not exceed 750 mg

CR § 5-60(c)(2)(ii)(1) – A finding of guilt for use or possession of the personal use amount of cannabis is a civil offense punishable by a fine not exceeding $100.00

Smoking Cannabis in Public

CR § 5-601(c)(4) – The smoking of cannabis in a public place is a CIVIL OFFENSE punishable by a fine not exceeding $250.00 (first offense) or a fine not exceeding $500.00 (subsequent offense).

Citation Information

A police officer must issue a citation for the use or possession of personal use amount of cannabis or the civil use amount of cannabis, both civil offenses, under CR § 5-601.1(b). If a citation is issued to a person younger than age 21 for these civil offenses, the court must summon the person for trial. The court may (1) order the person to attend a drug education program approved by MDH; (2) refer the person to an assessment for substance abuse disorder; and (3) refer the person to substance abuse treatment, if necessary.

A police officer must charge by citation for the possession with intent to distribute cannabis under CR § 5-602 (criminal); or growing or manufacturing cannabis or a cannabis product under CR § 5-603(b) (criminal) if requirements under CP § 4-101(c)(2) are satisfied.

Civil Prepaid Schedule Amount and Costs – Use or Possession of the Personal Use/Civil Use Amount of Cannabis

A person who receives a payable citation pursuant to that section may pay the specified penalty or request a trial date in writing within 30 days of receipt of the citation. The amount which may be paid without appearing in the District Court of Maryland shall be $50.00 for the use or possession of the personal amount of cannabis; and $125.00 for the use or possession of the civil use amount of cannabis. The court costs in any case in which costs are imposed are $5.00, in addition to any fine imposed by a judge.

Civil Prepaid Schedule, Amount and Costs – Smoking Cannabis In A Public Place

A person who receives a payable citation for a violation of Criminal Law Section 5-601 may pay the specified penalty or request a trial date in writing within 30 days of receipt of the citation. The amount may be paid without appearing in the District Court of Maryland shall be $125.00 for a fist offense; and $250.00 for a second offense. The court costs are $22.50, in addition to any fine imposed by a judge.

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