MD: With decrim of <10 g. MJ, officer doesn’t have to be absolutely sure of quantity to have PC

“Despite the decriminalization of possession of less than ten grams of marijuana, a law enforcement officer who has reason to believe that an individual is in possession of marijuana has probable cause to effectuate an arrest, even if the officer is unable to identify whether the amount possessed is more than 9.99 grams. A requirement that law enforcement has to be absolutely sure that the amount of marijuana involved is more than 9.99 grams before they have probable cause to arrest is inconsistent with the concept of probable cause, which requires only facts sufficient to warrant a prudent person in believing that an individual is committing a crime.” Also, with probable cause, a search incident may precede the arrest. Barrett v. State, 2017 Md. App. LEXIS 1185 (Nov. 29, 2017) (summary by the court).

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