As it became more likely that medical marijuana would soon be legal in Maryland, lawmakers simultaneously realized they needed to modify the criminal laws regarding marijuana possession. Amongst other reasons, it just didn’t make sense to subject a person to criminal prosecution and possible jail time for possessing a substance that was about to become legally available. We recently published an article about the possibility of sports gambling becoming legal as early as this year, and following the path of marijuana, lawmakers in Annapolis are already proposing to alter the criminal laws regarding gambling.
The Maryland gambling laws are strange to say the least, and it doesn’t seem like they have been given much attention over the years. Gambling is not a common crime because save for some large scale book making operations or home casinos the police seem to have better things to do with their time than bust March Madness pools and small time poker games. Plus most people including police officers, prosecutors and judges, have taken part in some form of social gambling in their lives. Still, it is not out of the question for an unlucky gambler to be made an example of just to remind the rest of us that until it’s legal it’s illegal.
The few unlucky defendants that are prosecuted under Maryland state gambling laws are usually surprised to learn that all forms of gambling are grouped under one law. Section 12-102 of the criminal code makes it illegal to bet, wager and gamble. This same section also makes it illegal for a person to sell a book (take bets), run sports pools and keep an underground business where gambling takes place. Logic would dictate that those who are running underground casinos and taking bets would face harsher penalties than the gamblers themselves (similar to drug use/possession vs. drug distribution) but this is not the case. All forms of gambling in Maryland are punishable by the same 1-year maximum penalty, and have a completely harsh and archaic 6-month mandatory jail sentence. Yes, you read that correctly- gambling convictions carry mandatory jail time, which is six times greater than the mandatory jail time for wear, transport or carry of a firearm under 4-203.