Maryland voted to legalize some amounts of cannabis use and possession. Under the enabling legislation, adults 21 and older may possess, use, and grow cannabis. Additionally, marijuana is now referred to as cannabis by Maryland laws. Cannabis possession and use becomes legal on July 1, 2023.
Topics on this page
- Penalties for possession of small amounts of cannabis
- Resentencing
- When will cannabis become legal in Maryland?
- Is there a limit on the amount of cannabis I can have?
- Can I grow cannabis at home?
- Can I sell cannabis?
- Can I give cannabis to friends?
- Can I smoke cannabis in public?
- Will past marijuana possession charges be expunged?
Penalties for possession of small amounts of cannabis
Before July 1, 2023, possession of small amounts of cannabis or cannabis products is still illegal and carries civil penalties. Beginning January 1, 2023, civil penalties for possession under the new law are divided into two tiers, based on the amount in possession.
Penalties between January 1, 2023 - June 30, 2023:
- "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
- Penalty: A fine up to $100
- Amounts:
- "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
- Amounts:
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
When will cannabis become legal in Maryland?
From January 1, 2023 to June 30, 2023, possession of small amounts of cannabis or cannabis products is still illegal and carries civil penalties as described below. Starting July 1, 2023, possession and use of small amounts of cannabis and cannabis products will be legal.
Is there a limit on the amount of cannabis I can have?
After July 1, 2023, an adult over the age of 21 can legally possess up to the following amounts:
- up to 1.5 ounces cannabis or
- up to 12 grams concentrated cannabis or
- cannabis products containing up to 750 milligrams of delta-9-TCH or
- 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
- Amounts:
- 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
- Amounts:
Read the Law: Md. Code, Criminal Law §§ 5-101, 5-601 and 5-601.1
Can I grow cannabis at home?
Yes. Starting July 1, 2023, adults will be 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. Selling cannabis without the proper licensing will remain illegal under the new law. Selling without a license is classified as a criminal misdemeanor and 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
Can I give cannabis to friends?
Sharing of cannabis with another adult 21 years or older is allowed after July 1, 2023. 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.
Read the Law: Md. Code, Criminal Law § 5-602
Can I smoke cannabis in public?
Maryland’s new 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 $250 fine for a first offense. Subsequent offenses can incur fines up to $500. The law also prohibits a driver from smoking cannabis in motor vehicles. This law takes effect July 1, 2023.
Read the Law: Md. Code, Criminal Law § 5-601, Md. Code, Transportation § 21-903
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