Maryland Marijuana Laws

By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed September 05, 2024

Voters made Maryland the 20th state to legalize recreational marijuana by voting yes on Question 4 in 2022. The state's medical marijuana program has been in place for several years.

The Cannabis Control Act of 1978 first provided legalization of marijuana for medical use, but it wasn't until 2014 that the medical program got up and running. When discussing marijuana laws, understand that states also refer to it as cannabis because marijuana comes from the cannabis plant.

The State of Maryland continues to make advances with its marijuana regulation. In March 2024, the Maryland Cannabis Administration announced the 174 applicants selected in the social equity licensing round of the lottery for new cannabis business opportunities. The winners will get licenses to become growers, processors, and dispensary owners.

While cannabis is legal in Maryland, there are still laws that apply. Marijuana penalties can be severe, so we'll examine what you need to know to stay on the right side of law enforcement. We'll discuss the legal limits of cannabis in Maryland, the differences between medical marijuana patients and adult-use cannabis, and where to get marijuana products.

What To Know About Maryland Cannabis Laws

The House and Senate of Maryland's General Assembly may have paved the way for legal cannabis with HB 556 and SB 516, but that doesn't mean anything goes. The Maryland Cannabis Administration (MCA), formerly known as the Natalie LaPrade Maryland Medical Cannabis Commission, regulates the cultivation, manufacture, testing, and distribution of medical and adult-use cannabis in Maryland.

Use of any marijuana product in public is illegal, so partake on private property. Landlords have the right to prohibit smoking any amount of cannabis in their buildings. Check your lease. Recreational marijuana users can have up to 1.5 ounces of marijuana products legally and face only a fine for carrying up to 2.5 ounces.

Dispensaries can allow onsite use of marijuana by choice, but they're also subject to local laws in their jurisdiction. There's a 9% tax on all cannabis products, which is the same tax rate used for alcohol purchases. You can buy some products in places other than licensed dispensaries, but only up to 0.5 mg of THC (tetrahydrocannabinol) per serving and 2.5 mg per package.

It's also important to remember that while cannabis is legal in Maryland, it still carries a Schedule I classification on federal land. Using or carrying marijuana in a national park or on a military base violates the Controlled Substances Act (CSA) for cannabis possession. While changes may be coming at the federal level, as of August 2024, the law remains in effect.

Now that you have an idea about marijuana use basics in Maryland let's look at the two different types: medical marijuana and recreational cannabis.

Medical Marijuana in Maryland

Maryland lawmakers launched a medical cannabis program in 2013, allowing the medical use of cannabis by qualifying patients. To be eligible for medical cannabis in Maryland, a patient must do the following:

Register with the MCA
Get a written certification from a physician in good standing with the state of Maryland
Submit your application to the MCA

A physician must certify that you suffer from one or more qualifying conditions. These include:

Cachexia
Anorexia
Wasting syndrome
Severe or chronic pain
Severe nausea
Seizures
Severe or persistent muscle spasms
Glaucoma
Post-traumatic stress disorder (PTSD)
Other chronic medical conditions that are severe and for which other treatments have been ineffective

If you don't see your condition here, speak with your physician or contact the MCA.

Once approved, you'll need your medical card and a photo ID to buy at a cannabis dispensary. You do not have to pay the 9% cannabis tax when making medical marijuana purchases.

Medical cannabis patients can have the following amounts:

Up to 120 grams (about 4.25 ounces) of usable cannabis, or
36 grams of THC-infused products

Medical marijuana patients can cultivate and process up to four plants at their home if they are at least 21. The plants must be in a locked enclosure, not in public view.

Medical cannabis patients under 18 can have up to four caretakers to administer cannabis products. Two must be parents or legal guardians, and they must appoint the other two. Designated school personnel can be caregivers.

Recreational Marijuana Use in Maryland

To buy recreational cannabis in Maryland, you need to be over 21 and have a government-issued photo ID. The legal possession amounts for adult-use marijuana are lower than those of medical marijuana patients. Recreational users can buy the following, which matches the personal use possession limit:

1.5 ounces of cannabis flower, which includes joints and pre-rolls
12 grams of concentrated cannabis
750 mg of THC-infused products, such as edibles

Purchases by recreational cannabis users are subject to a 9% cannabis tax.

Recreational users can cultivate and process up to two marijuana plants at their homes. Just like medical marijuana patients, the plants can't be visible from a street and must be in a locked enclosure. Landlords can ban tenants from cultivating plants.

For those just beginning with marijuana use, the MCA offers a handy poster with advice and warnings. For example, it notes that your employer can still drug test you.

Maryland Marijuana Law Penalties

Driving under the influence of marijuana carries the same penalties as a DUI from alcohol does. Law enforcement can use a standard field sobriety test to determine if a motor vehicle driver is operating with impairment.

As part of their cannabis reform program, Maryland instituted an expungement law. Cases involving only a possession charge of 10 grams or less before July 1, 2023, got an automatic expungement. In other situations, you must apply for expungement. Also, on June 17, 2024, Gov. Wes Moore announced that he was issuing a mass pardon for over 175,000 low-level marijuana charges.

The table below recaps what you've learned above and adds the penalties you might face for violating Maryland law.

Relevant Maryland marijuana laws	Maryland Code — Alcoholic Beverages and Cannabis Sections 36-101 to 36-1507 (medical and adult use cannabis) Maryland Code — Criminal Law Section 5-101 (definitions) Section 5-601 (possessing or administering a controlled dangerous substance) Section 5-601.1 (issuance of citation in section 5-601) Section 5-601.2 (cultivation of cannabis plants) Section 5-602 (manufacturing, distribution, possession with intent to distribute, or dispense a controlled dangerous substance) Section 5-603 (equipment to produce controlled dangerous substance) Section 5-607 (penalties — certain crimes) Section 5-612 (manufacture, distribution, dispensing, or possession in certain amounts) Section 5-614 (importer of certain controlled dangerous substances) Section 5-619 (drug paraphernalia) Section 5-627 (controlled dangerous substance near school) Section 5-628 (use of minor)
Is marijuana legal in Maryland?	Yes. Cannabis is legal in limited amounts for medical marijuana and recreational marijuana use (for those 21 and older).
Illegal cannabis possession/use penalties	Legal use/possession of adult recreational marijuana (21 and older): Possessing up to the legal personal use amount of 1.5 ounces or product equivalent Sharing up to 1.5 ounces or product equivalent without remuneration between adults over 21 Illegal use/possession of marijuana violations: Smoking in public — first offense (civil offense): no possible jail time and a fine of up to $50; second or subsequent offense (civil offense): no possible jail time and a fine of up to $150 Possessing more than 1.5 ounces and up to 2.5 ounces (civil offense): no possible jail time and a fine of up to $250 Possessing more than 2.5 ounces but less than 50 pounds (misdemeanor): Up to six months in jail and a fine of up to $1,000 Possessing 50 pounds or more (felony): A minimum of five years in prison and a fine of up to $100,000
Illegal sale and distribution penalties	All cannabis sales must go through licensed dispensaries. Any unlicensed sale of cannabis is a crime in Maryland. Less than 50 pounds (felony): Up to five years in prison and a fine of up to $15,000 50 pounds or more (felony): A minimum of five years of prison and a fine of up to $100,000 50 pounds or more and classified as a "drug kingpin" (felony): 20 to 40 years in prison and a fine of up to $1,000,000 Importing into Maryland more than 5kg (11 pounds) but less than 45 kg (99 pounds) (felony): Up to 10 years in prison and a fine of up to $10,000 Importing into Maryland 45kg or more (felony): Up to 25 years in prison and a fine of up to $50,000 Involving a minor, in a school vehicle, or within 1,000 feet of an elementary or secondary school (felony): Up to 20 years in prison and a fine of up to $20,000
Illegal cultivation penalties	All adults over 21 may cultivate up to two cannabis plants in their house. Medical cannabis patients may grow up to four plants. Plants can't be cultivated in public view and they must be in a secure area. Violating cultivation laws is a misdemeanor and punishable by up to three years in jail and a fine of up to $5,000.

Note: State laws are subject to change through the passage of new legislation rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct independent legal research to verify the status of any particular Maryland laws you are reviewing.