Criminal Justice (Drug Policy)

SB 362 (the Ny'Kala Strawder Act) amends Maryland law to increase penalties for storing or leaving a loaded firearm where a person knew or should have known an unsupervised minor could access it. It prohibits negligent firearm storage in locations accessible to minors, making violations a misdemeanor punishable by up to 5 years in prison or a $1,000 fine, or both. Exceptions include supervised access by an adult, unlawful entry, law enforcement possession during duties, or a minor with a valid hunter safety certificate. The law also explicitly states violations cannot be used as evidence of negligence in civil cases or referenced during civil trials involving firearm-related injuries or deaths. The bill takes effect October 1, 2026.

SB 406 redefines "drug trafficking crime" in Maryland law to include misdemeanor violations of cannabis possession (specifically § 5-602(b)(1) and § 5-603(b)), not just felonies. This means individuals charged with misdemeanor cannabis offenses - like possessing quantities suggesting intent to distribute - will now be subject to firearm restrictions during those offenses. The bill adds that possessing a firearm during such a misdemeanor cannabis violation constitutes a separate felony, carrying a mandatory minimum 5-year prison sentence for a first offense. It directly affects people facing misdemeanor cannabis charges by expanding the scope of offenses triggering enhanced firearm penalties. The changes take effect October 1, 2026.