Maryland becomes 5th U.S.A. state to decriminalise HIV

Maryland Governor Wes Moore (D) signed into law on Tuesday a bill that decriminalises HIV. The Carlton R. Smith Act, named after a local HIV activist who passed away last year, removes criminal penalties associated with one's HIV status. Maryland becomes the fifth state to decriminalise HIV, following North Dakota, which made the change just last month, according to ‘LGBTQ Nation’.

Previously in Maryland, it was considered a misdemeanour to “knowingly transfer or attempt to transfer” HIV to another person. The law did not necessitate an intention to transmit, actual transmission, or conduct resulting in virus transmission. The punishments included incarceration for up to three years and fines up to $2,500 (approximately £1800).

Such laws might discourage individuals from undergoing HIV testing and receiving treatment. Furthermore, the Maryland law has been disproportionately enforced against Black individuals.

The Williams Institute revealed that between 2000 and 2020, Black people represented 82% of HIV-related criminal cases in the state, even though they make up only 30% of the population and 71% of those living with HIV. The study also showed that Black men comprised 68% of those accused in HIV-related criminal cases, despite being just 14% of the state’s population and 44% of those living with HIV.

When the study was published, Nathan Cisneros, Director of the Williams Institute HIV Criminalization Project, noted that the law was established “at the height of the AIDS crisis before we had effective treatments for HIV.”

“Medical treatments now exist that completely eliminate the risk of transmitting HIV through sex,” Cisneros stated, “yet these scientific advances have not been mirrored in Maryland law despite multiple reform attempts in recent years.”

Phillip Westry, director of the state LGBTQ+ organisation FreeState Justice, applauded the Carlton R. Smith Act's passage in a statement, describing it as “a testament to the power of education, research, and courageous leadership.”

“It conveys a clear message,” Westry added, “Maryland is dedicated to evidence-based policymaking and ending the criminalization of individuals living with HIV. We remember Carlton R. Smith by continuing the effort to build a more just, inclusive, and informed society.”