Maryland becomes 5th state to decriminalize HIV

*This is reported by LGBTQ Nation

Maryland Gov. Wes Moore (D) signed legislation on Tuesday that decriminalizes HIV. The Carlton R. Smith Act – named for a local HIV activist who died last year – eliminates criminal penalties based on one’s HIV status. Maryland is the 5th state to decriminalize HIV, with North Dakota making the move just last month.

Until now, it was a misdemeanor in Maryland to “knowingly transfer or attempt to transfer” HIV to someone else. The law did not require intent to transmit, actual transmission, or conduct that would transmit the virus. Penalties included up to three years incarceration and a fine of up to $2,500.

Laws like this can deter people from being tested and treated for HIV. In addition, Maryland’s law has been disproportionately used to target Black people.

The Williams Institute found that from 2000 to 2020, Black people accounted for 82% of HIV-related criminal cases in the state, despite only making up 30% of the population and 71% of the people living with HIV. The study also found that Black men make up 68% of people accused in HIV-related criminal cases, despite being 14% of the state’s population and 44% of the population living with HIV.

When the study was released, Williams Institute HIV Criminalization Project Director Nathan Cisneros explained that the law was put in place “at the height of the AIDS crisis before we had effective treatments for HIV.”

“We now have medical treatments that wholly eliminate the risk of transmitting HIV through sex,” Cisneros explained, “yet these advances are not reflected in Maryland law despite several reform attempts in recent years.”

In a statement, Phillip Westry, director of the state LGBTQ+ organization FreeState Justice, celebrated the passage of the Carlton R. Smith Act, calling it “a testament to the power of education, research, and courageous leadership.”

“It sends a clear message,” Westry continued, “Maryland is committed to evidence-based policymaking and to ending the criminalization of people living with HIV. We honor the memory of Carlton R. Smith by continuing the work of building a more just, inclusive, and informed society.”