Cannabis Laws in Maryland

Not legal advice

This article is informational only and is not legal advice. Cannabis laws change frequently and enforcement varies by county and municipality. Consult a licensed Maryland attorney for advice about your specific situation. Cannabis remains a Schedule I substance under U.S. federal law regardless of Maryland state law Strong evidence^[1]. Information here was last verified in June 2024.

How Maryland got here

Maryland decriminalized small-amount possession in 2014, reducing penalties for less than 10 grams to a civil fine ^[2]. The same year, the legislature passed a medical cannabis framework, though licensed sales didn't begin until December 2017 under the Maryland Medical Cannabis Commission ^[3].

In November 2022, voters approved Question 4, a constitutional amendment legalizing adult-use cannabis, by roughly 67% to 33% ^[4]. The companion legislation, the Cannabis Reform Act (HB 556), set up the regulatory structure, possession limits, taxation (9% sales tax on adult-use), and a social-equity-focused licensing scheme ^[5]. Adult-use sales began July 1, 2023, with existing medical operators allowed to convert to dual licenses on day one ^[5][6].

What adults 21+ can legally do

Under current Maryland law, adults 21 and older may ^[5]:

• Possess up to 1.5 ounces of cannabis flower, 12 grams of concentrate, or edibles containing up to 750 milligrams of THC (the "personal use amount").
• Possess between the personal use amount and the "civil use amount" (2.5 oz flower / 20 g concentrate / 1,250 mg THC edibles) as a civil offense punishable by fine — not jail.
• Grow up to 2 cannabis plants per household (not per person) out of public view.
• Gift up to the personal use amount to another adult 21+, without remuneration.
• Purchase from licensed dispensaries (must show valid ID).

Possession above the civil use amount remains a criminal offense, with penalties escalating based on quantity and intent to distribute ^[5].

Where you can't use it

Public consumption is prohibited and punishable by civil fine ^[5]. This includes:

• Sidewalks, parks, beaches, and other public spaces
• Vehicles (driver or passenger) on public roads
• Federal land, including national parks like Assateague
• Any indoor place where smoking tobacco is banned under the Clean Indoor Air Act

Landlords may prohibit smoking or growing in rental units, and most do. Hotels generally ban it. Employers may continue to enforce drug-free workplace policies and test for cannabis ^[5]. Driving under the influence of cannabis is a criminal offense; Maryland uses officer observation and drug recognition experts rather than a per se THC blood threshold, but a conviction carries the same penalties as alcohol DUI ^[7].

The medical program

Maryland's medical cannabis program continues to operate alongside adult-use. Patients with a written certification from a registered provider can buy at medical-only or dual-licensed dispensaries, are exempt from the 9% adult-use sales tax, and have higher possession limits — generally a 30-day supply as determined by their certifying provider ^[3][5].

Qualifying conditions are broad and include chronic pain, severe nausea, seizures, PTSD, glaucoma, anorexia, and any other condition for which a provider believes cannabis would be beneficial ^[3]. Patients aged 18–20 can only access the medical program, since adult-use is restricted to 21+. The program is now administered by the Maryland Cannabis Administration (MCA), which absorbed the former Medical Cannabis Commission in 2023 ^[5].

Licensing and the industry

Maryland uses a tiered license system: grower, processor, dispensary, micro-licenses (smaller-scale versions of each), and an incubator space license ^[5]. The Cannabis Reform Act prioritized social equity applicants — defined roughly as people from disproportionately impacted areas, those with a cannabis-related conviction, or graduates of certain Maryland universities with high Pell Grant enrollment ^[5][8].

The first round of new social equity licenses was awarded by lottery in 2024 ^[8]. Existing medical operators paid conversion fees (ranging into the millions for large growers) to enter the adult-use market on July 1, 2023 ^[6].

Expungement

The Cannabis Reform Act provided for automatic expungement of convictions for conduct that is no longer criminal under Maryland law — primarily simple possession of amounts now within legal limits ^[5][9]. The Maryland Judiciary has been processing these expungements since 2023, though backlogs exist. Convictions for distribution, possession with intent, or amounts still illegal are not automatically expunged but may be eligible for petition-based relief ^[9].

What's still federally illegal

Maryland law does not override federal law Strong evidence^[1]. Cannabis remains Schedule I under the Controlled Substances Act (as of June 2024; a DEA rescheduling proposal to Schedule III is under review but not finalized) ^[10]. Practical implications:

• Federal employees, contractors, and many transportation workers are subject to federal drug testing.
• Possession on federal property (parks, courthouses, military bases, post offices) is a federal offense.
• Crossing state lines with cannabis — even to another legal state — is federal trafficking.
• Federally licensed firearms purchases require attesting you don't use cannabis; lying is a federal crime ^[11].

See also: Cannabis and U.S. federal law.

Sources

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