Recreational Cannabis Use and Possession in Maryland

Maryland legalized some amounts of cannabis use and possession. Under the enabling legislation, adults 21 and older may possess, use, and grow cannabis. Marijuana is now referred to as cannabis by Maryland laws. Cannabis possession and use became legal on July 1, 2023.

 

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Civil and criminal penalties for possession of cannabis

Maryland law defines possession amounts for "personal use" and "civil use." Beginning July 1, 2023, individuals at least age 21 may legally use and possess the personal use amount of cannabis. Possession of the personal use amount of cannabis by a individual younger than age 21, or possession of the civil use amount of cannabis are subject to civil penalties. 

  • "Personal Use" Possession
    • Amounts:
      • Up to 1.5 ounces cannabis 
      • Up to 12 grams concentrated cannabis 
      • Cannabis products containing up to 750 mg strength delta-9-THC 
      • Up to 2 cannabis plants
    • Penalty: A fine up to $100
       
  • "Civil Use" Possession
    • Amounts:
      • More than 1.5 ounces, but less than 2.5 ounces cannabis 
      • More than 12 grams, but less than 20 grams concentrated cannabis 
      • Cannabis products containing more than 750 mg, but less than 1250 strength delta-9-THC 
    • Penalty: A fine up to $250 

Police must issue citations for the use or possession of the personal use or civil use amount of cannabis.  Because these citations are not classified as crimes, possession of the personal use or civil use amounts does not result in arrest, jail time, or a criminal record. If a citation is issued to a person younger than 21, the court must summon the person for trial and may order drug treatment. 

Possession of more than the civil use amount of cannabis or cannabis products qualifies as a criminal misdemeanor.  

Read the Law: Md. Code, Criminal Law §§ 5-101, 5-601 and 5-601.1

 

Resentencing

Individuals incarcerated for marijuana possession (charged under Criminal Law § 5-601) may apply for resentencing. Courts must grant applications for resentencing and resentence the person to time served. If the person is not serving another sentence, the person must be released from incarceration. 

Read the Law: Md. Code, Criminal Procedure § 10–105.3, Md. Code, Criminal Law § 5-601

 

As of July 1, 2023, possession and use of small amounts of cannabis and cannabis products will be legal for individuals at least 21 years old. Possession and use by individuals younger than age 21 is illegal and subject to civil penalties. 

 

Is there a limit on the amount of cannabis I can have?

As of July 1, 2023, an adult over the age of 21 can legally possess up to the following amounts: 

  1. up to 1.5 ounces cannabis or 
  2. up to 12 grams concentrated cannabis or 
  3. cannabis products containing up to 750 milligrams of delta-9-THC or 
  4. up to 2 cannabis plants 

Possession in excess of the above amounts can be punishable by civil or criminal penalties, depending on the amount in question. 

Penalties for possession in excess of the limits:

  • "Civil Use" Possession
    • Amounts:
      • More than 1.5 ounces , but less than 2.5 ounces cannabis 
      • More than 12 grams, but less than 20 grams concentrated cannabis 
      • Cannabis products containing more than 750 mg, but less than 1250 strength delta-9-THC 
    • Penalty: A fine up to $250
       
  • Possession in excess of “Civil Use” amounts
    • Amounts:
      • More than 2.5 ounces cannabis 
      • More than 20 grams concentrated cannabis 
      • Cannabis products containing more than 1250 strength delta-9-THC
    •  Penalty: Criminal misdemeanor 

Read the Law: Md. Code, Criminal Law §§ 5-101, 5-601 and 5-601.1

 

Can I grow cannabis at home? 

Yes. As of July 1, 2023, adults are allowed to grow up to two cannabis plants. The plants must be out of the public view and secured so that they are not accessible by unauthorized individuals or individuals under the age of 21. No more than two cannabis plants can be grown per residence, regardless of the number of adults who reside at the residence. Additionally, cannabis plants may only be grown on property owned by the grower or with the consent of the property owner. 

Read the Law: Md. Code, Criminal Law § 5-601.2

 

Can I sell cannabis? 

No. Only licensed cannabis businesses can sell cannabis. Cannabis business licenses include those for dispensaries, growers, processors, incubator spaces, on-site consumption establishments, and micro licenses. Selling cannabis without the proper licensing is illegal and classified as a criminal misdemeanor punishable by up to three years imprisonment and/or a fine of up to $5,000. 

Read the Law: Md. Code, Criminal Law §§ 5-601, 5-602, and 5-607, Md. Code, Alcoholic Beverages and Cannabis § 36-401

 

Can I give cannabis to friends? 

As of July 1, 2023, sharing of cannabis with another adult 21 years or older is allowed. The amount of cannabis shared must not exceed the amount defined as personal use and no money (or other remuneration) can be exchanged for the cannabis. Transfer of amounts in excess of the Personal Use amount or accepting payment for transferred amounts may qualify as possession with the intent to distribute, which is prohibited. Individuals charged with possession with the intent to distribute may be criminally charged and face penalties of three years imprisonment and/or a $5000 fine. 

Maryland law also prohibits anyone without a cannabis license from distributing a product intended for human
consumption or inhalation that contains more than 0.5 milligrams of THC or 2.5 milligrams of THC per package. A violator is guilty of a misdemeanor and, if convicted, is subject to a maximum $5,000 fine.

Read the Law: Md. Code, Criminal Law § 5-602, Md. Code, Alcoholic Beverages and Cannabis § 36-1102

 

Can I smoke cannabis in public? 

Maryland’s law prohibits smoking of cannabis in specified locations, including public places.  Smoking cannabis in a public place is a civil offense and may be penalized by up to a $50 fine for a first offense. Subsequent offenses can incur fines up to $150. The law also prohibits a driver from smoking cannabis in motor vehicles.

Under Maryland law, licensed on-site consumption establishments are allowed to operate where individuals can smoke outdoors on the premises, vape or consume cannabis. Indoor smoking of cannabis or cannabis products is prohibited at on-site consumption establishments. 

On-site consumption establishments may only operate when approved by the county and, if applicable, the municipality, where the business is located. Counties and municipalities must issue a permit of license for the business and may adopt zoning and planning requirements for on-site consumption establishments. Additionally, Maryland law allows counties and municipalities to limit the the operation of on-site consumption establishments. Counties and municipalities may limit how cannabis can be consumed at on-site consumption establishments. For example, they can prohibit or restrict smoking or vaping of cannabis on the establishment premises. 

Read the Law: Md. Code, Criminal Law § 5-601, Md. Code, Transportation § 21-903, Md. Code, Alcoholic Beverages and Cannabis § 36-101, § 36-401(c)(4), § 36-407

 

Will past marijuana possession charges be expunged? 

Yes, but the expungement is not automatic. The new law allows individuals convicted of marijuana possession (under Criminal Law 5-601) to request an expungement after the successful completion of the sentence. Learn more about expungement. 

The law also prohibits the Maryland Judiciary Case Search database from displaying case records where marijuana possession (under Criminal Law 5-601) was the only charge. 

Read the Law: Md. Code, Criminal Procedure § 10-110 and 10-111

Case Search from the Maryland Courts

 

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