Maryland Marijuana Laws

Is Marijuana Legal in Maryland?

Marijuana is legal in Maryland for medical purposes but illegal for recreational purposes. There is also no longer jail time for possession of up to 10 grams of marijuana, and it is no more a criminal offense and will not warrant arrest or criminal record. Possession of more than 10 grams is still illegal and a criminal offense.

Medical Marijuana was signed into legislation by Governor O’Malley in May 2013. The Natalie M. LaPrade Maryland Medical Cannabis Commission was established as an independent regulatory agency to develop policies, procedures, guidelines, and regulations to execute programs to make medical marijuana available to qualifying patients safely and effectively. The Commission registers patients with debilitating conditions with a written certification by medical providers. Medical providers are state-licensed physicians, dentists, nurse midwives, nurse practitioners, and podiatrists on Maryland’s medical marijuana program registry.

Natalie M. LaPrade Medical Cannabis Commission (MMCC) regulates the medical marijuana program by ensuring the following:

• Develop policies, procedures, plans, and regulations to execute programs to make medical marijuana available to qualifying patients safely and effectively

• Create and sustain a website (http://mmcc.maryland.gov) that provides information on how persons can obtain medical marijuana in Maryland and provides contact details for licensed local dispensaries

• Enlist certified doctors who can administer medical marijuana to qualifying patients for medical use

• Create ID cards for qualifying patients and qualified caregivers. A certified doctor signs a written certification to the Commission for patients with qualifying conditions. After approving the written certification, the Commission assigns identification cards to qualifying patients as named in the written certificates and caregivers

• License growers with permission that meets all regulations established by the Commission to run in the state. Licensed growers may provide marijuana to processors, dispensaries, and independent testing laboratories registered with the Commission

Maryland is yet to legalize recreational or adult-use marijuana. However, lawmakers passed House Bill 1 in the 2022 legislative session, which primarily includes the question of legalization of adult-use marijuana. It will allow Maryland voters to decide on the legality of recreational marijuana in the November 2022 Ballot. The referendum, popularly referred to as Question 4, asks voters if they favor the legalization of Marijuana for persons aged 21 years and older by July 1, 2023. If the ballot initiative is passed, Maryland would be the 20th state in the United States to legalize the use of recreational marijuana.

House Bill 837 was also introduced, which requires specific regulations and procedures for adult-use marijuana by Natalie M. LaPrade Medical Medical Cannabis Commission if voters approve recreational marijuana in November. There would be a 7-month interval for the Commission to form regulations and policies and make adequate preparations for the use of recreational cannabis.

Can I Use Cannabis in Maryland?

Yes and No. Adult-use Marijuana is prohibited in Maryland, while medical marijuana is legal. Possession of up to 10 grams of marijuana is no longer a criminal offense. Still, it is a civil offense with a $100 fine, no jail time, or criminal record and treated like a minor traffic violation. Possession of higher amounts is illegal and can attract higher penalties. A fourth offender can be charged up to a $1000 fine and punished with up to a year of imprisonment. However, qualifying patients and caregivers enlisted with the Medical Marijuana Cannabis Commission (MMCC) can use medical marijuana. They may possess up to a 30-day supply of marijuana products.

The History of Marijuana in Maryland is a long and arduous one. In 2014, Medical Marijuana was legalized by House Bill 881. HB 881 established the Natalie M. LaPrade Medical Marijuana Commission with the responsibility of forming regulations for the consumption, possession, cultivation, and sale of marijuana and its products to qualifying patients and licensed caregivers. House Bill 881 allowed qualifying patients with certain medical conditions access to medical marijuana. The following conditions are qualified for medical marijuana by the Natalie LaPrade Maryland Medical Cannabis Commission:

• Persistent or debilitating disease or medical condition that results in a patient being admitted into hospice or receiving palliative care

• Persistent or debilitating disease or medical condition or the treatment of a chronic or debilitating disease or medical condition that produces

  • Cachexia,

  • Anorexia or wasting syndrome

  • Severe or chronic pain

  • Severe nausea

  • Glaucoma

  • Post-traumatic stress disorder (PTSD)

  • Seizures

  • Severe or persistent muscle spasms

• Any other severe condition in which other medical treatments have been ineffective

The Natalie LaPrade Maryland Medical Commission became operational in 2017. They expanded the list of licensed marijuana providers to nurse practitioners, dentists, certified nurse midwives, and podiatrists in 2019. These changes might have resulted from certified doctors’ refusal to enlist in the Maryland Marijuana Cannabis Commission registry.

Furthermore, in 2013, lawmakers in Maryland voted to decriminalize the possession of up to 10 grams (0.35 ounces) of marijuana, and it becomes a civil offense with a fine of $100. The law was passed into legislation in 2014. In 2016, the Maryland General Assembly overrode a refusal by Governor Hogan to decriminalize possession of marijuana paraphernalia (such as syringes, bongs, rolling papers, and pipes) and public consumption of marijuana. This made both civil offenses punishable by a $500 fine each.

Marijuana dispensaries became operational in 2017, and patients enlisted with the Commission were allowed to obtain medical marijuana. Two years later, Maryland's medical marijuana program skyrocketed with 18 licensed cultivators, 85 licensed dispensaries, and more than 50,000 registered qualifying patients.

In 2019, the Marijuana Legalization Workgroup, a special body of the General Assembly in Maryland, analyzed strategies to legalize adult-use marijuana in the state. In the 2021 General Assembly Session, House Bill 32 was proposed to legalize adult-use marijuana and clear prior convictions of cannabis possession. The Bill did not make it out of the session. However, Maryland lawmakers passed House Bill 1 in the 2022 legislative session, a referendum for Maryland voters to decide on the adult use of marijuana in the November 2022 ballot. Furthermore, marijuana is still a controlled substance in the US Controlled Substances Act and is listed as a Schedule I Drug by the US Drug Enforcement Administration (DEA).

Maryland Marijuana Laws in 2022

The Maryland General Assembly deliberated on three marijuana-related bills in the 2022 legislative session. The three bills were passed in the Maryland General Assembly and are at different stages of implementation. But the precursor bill was House Bill 32, which was the first recreational marijuana bill to be presented in the Maryland General Assembly and was an indicator of the readiness of Maryland residents for adult-use marijuana. Delegate Jazz Lewis introduced the Bill. It proposed legalizing adult-use marijuana and expunging prior marijuana-related convictions. The Bill did not pass in the General Assembly. Marijuana-related bills proposed in 2022 are

House Bill 1

Delegate Luke Clippinger introduced this Bill and proposed an amendment to the constitution to permit the use of marijuana by adults aged 21 years and above in Maryland. The amendment will be subject to the state's voters for adoption or rejection in the November 2022 elections. Maryland Lawmakers passed the Bill to allow voters to decide on the legalization of recreational marijuana. Being a constitutional amendment, the ballot initiative did not need the governor’s assent.

House Bill 837

Delegate Luke Clippinger also sponsored this Bill and proposed regulations for adult-use marijuana if Question 4 was approved by voters in the November 2022 elections. The proposed rules include increasing the decriminalization limit from 10 grams (0.35 ounces) to 2.5 ounces. Moreover, adults could possess and buy up to 1.5 ounces of cannabis. Possession of 1.5 ounces to 2.5 ounces of marijuana would become a civil offense punishable only by a fine. Also, adults aged 21 years and older could grow up to two marijuana plants at home. The state would automatically erase the records of persons previously convicted of marijuana crimes. Individuals previously charged for dispensing or possessing small quantities of marijuana can request expungement after three years of serving their sentence. There would be equity and small-business licenses with the creation of the Cannabis Assistance Fund. The Maryland General Assembly passed the Bill, but the Maryland Governor, Gov. Larry Hogan, neither assented to nor vetoed the Bill, allowing the Bill to become law.

Senate Bill 833

Senator Brian Feldman sponsored this Bill, and it also proposed regulations for recreational marijuana in Maryland. It had identical provisions to HB 837 and was merged with it.

How the Legal Sale of Cannabis in Marijuana happens?

Medical marijuana is sold at licensed dispensaries all over Maryland. A medical cannabis dispensary is an entity authorized by the Maryland Medical Cannabis Commission (MMCC) to obtain, possess, process, transfer, transport, sell, distribute, dispense, and administer cannabis, cannabis products, related supplies, or educational materials for use by a registered patient or licensed caregiver. Medical Marijuana patients and caregivers can buy medical marijuana at state-licensed dispensaries using their medical marijuana cards.

The Maryland Medical Cannabis Commission licenses a medical marijuana dispensary after payment of a nonrefundable application fee. A grower-dispensary application fee is $11,000, and a dispensary application fee is $5,000. Annual licensing fees for grower-dispensaries and dispensaries are $165,000 and $40,000, respectively.

Adult-use Marijuana and all its products are illegal in Maryland and cannot be legally sold. Hashish and concentrates are also considered Schedule I Drugs under Maryland state law and punished on the same grounds as Marijuana and attract the same penalties.

The sale of marijuana paraphernalia is a misdemeanor punishable by a sentence for first-time offenders and a $500 fine; for subsequent violations, no more than 2 years of imprisonment, and a maximum fine of $2,000. It becomes a separate misdemeanor if a minor (3 years younger than the adult) is involved in the sale. It is punishable by up to 8 years of imprisonment and not more than a $15,000 fine.

Penalties for Marijuana-related crimes in Maryland

In Maryland, marijuana is legal for medical use but prohibited for recreational use. Therefore the state still has penalties for the illegal use of marijuana. The following are Maryland marijuana-related penalties;

Possession of Marijuana

• Possession of up to 10 grams (0.35 ounces) of marijuana is a civil offense with a $100 fine

• Possession of between 10g and less than 50 pounds (22.68kg) is a misdemeanor punishable by up to a year imprisonment and a $1,000 fine

• Possession of 50 pounds or more is a felony punishable by a mandatory minimum sentence of 5 years of in prison and a fine of up to $100,000

• Subsequent offenders have increased fines

• Persons caught with marijuana in public places will be charged with a civil offense and pay a fine of $500

Possession with intent to distribute

• Possession with intent to distribute less than 50 pounds is a felony punishable by up to 5 years of incarceration and a maximum fine of $15,000

• Possession with intent to distribute 50 pounds or more is a felony punishable by a mandatory minimum sentence of 5 years imprisonment and a fine of up to $15,000

• Possession with intent to distribute more than 50 pounds of marijuana by a drug kingpin is a felony punishable by up to 50 years incarceration with a mandatory minimum sentence of 20 years, and a fine of $1,000,000

• Possession with intent to distribute within a school bus or 1000 feet of an elementary or secondary school is a felony punishable by 20 years in prison and a fine of up to $20,000

• Possession with intent to distribute involving a minor is a felony punishable by 20 years of imprisonment and a fine of up to $20,000

• A subsequent violation is a felony punishable by up to 40 years imprisonment with a mandatory minimum sentence of 5 years and a fine of up to $50,000

• Trafficking between 5kg and 45kg of marijuana is a felony punishable by up to 10 years incarceration and a fine of $10,000

• Trafficking more than 45kg of marijuana is a felony punishable by up to 25 years incarceration and a fine of $50,000

• Trafficking marijuana while being in possession of a firearm is a felony punishable by up to 20 years incarceration with a mandatory minimum sentence of 5 years

Cultivation

In Maryland, cultivation of Marijuana is punishable as either as possession with intent to distribute or ordinary possession, depending on the amount of marijuana being harvested and other factors that may result in the conclusion that the marijuana was being cultivated for other reasons. Cultivation for the personal use of 10g to less than 50 pounds (22.68kg) of marijuana is a misdemeanor punishable by up to a year imprisonment and a $1000 fine. Cultivation of 50 pounds or more of marijuana is a felony punishable by a mandatory minimum sentence of 5 years of incarceration and up to a $100,000 maximum fine. Subsequent offenders have increased fines. Cultivation of marijuana with the intent to distribute carries the same penalty as possessing marijuana with the intent to distribute.

Marijuana paraphernalia

Under Maryland law, paraphernalia includes all accompanying equipment and materials used in the use, cultivation, or distribution of marijuana. Marijuana paraphernalia includes pipes, bongs, syringes, and roach clips. Also included are the agricultural materials used in growing marijuana. The following penalties apply:

• Possession of marijuana paraphernalia is a civil offense with no jail time or payment of a fine

• The sale of marijuana paraphernalia is a misdemeanor punishable by a fine of $500 for first-time offenders

• Subsequent violations attract up to 2 years of imprisonment and a maximum fine of $2,000

• If the sale of marijuana paraphernalia was to a minor, 3 years younger than the adult, it is a misdemeanor punishable by up to 8 years of imprisonment and a fine of up to $15,000

• Possession or sale of controlled paraphernalia is a misdemeanor punishable by a year of incarceration and a fine of up to $1,000

• Promoting the distribution of paraphernalia is a misdemeanor punishable by a fine of up to $500 for a first offender. Each subsequent violation attracts a jail time of up to 2 years and a fine of up to $2,000

Driving under the influence of marijuana

A person is guilty of DUI in Maryland if found driving any vehicle while impaired by any controlled substance, including marijuana. A DUI will be charged If the person is not authorized to use marijuana under state law or the person causes a road accident (disruption) while in possession or use of marijuana. A marijuana DUI attracts the following penalties:

• A first-time offender will be penalized with a misdemeanor punishable by up to 1 year in jail and a fine of between $500 and $1,000. In addition, an offender’s driving license may be suspended for up to 45 days. Convicted persons must complete drug education programs. If a minor is a passenger in the vehicle, the offender is punished with 2 years of jail time and a fine of up to $2,000

• A second-time offender is charged with a misdemeanor punishable by up to 2 years of jail time with a mandatory minimum sentence of 48 hours, a fine of up to $2000, suspension of license for 90 days, and mandated to complete drug education program. A second DUI conviction with a minor present in the vehicle is punishable by 3 years of imprisonment and a fine of up to $3000

• A third-time offender is punishable by 3 years of jail time, a fine of up to $3,000, suspension of license for 18 months, and a mandated drug education program. If a minor is present in the vehicle, the offender is charged a $4,000 fine and sentenced to 4 years imprisonment

Additional Limitations

Consumption of marijuana in public places is illegal but decriminalized. It attracts a fine of $500 with no criminal record or jail time. Hash and concentrates are penalized the same way as marijuana.

What is Maryland's Cannabis History?

The History of Marijuana in Maryland is a long and laborious one. In 2010, Maryland had the fifth highest rate of arrest for possession of marijuana in the United States, with up to 49.9% of all drug possession arrests in Maryland.

In 2014, House Bill 881 was passed to legalize medical marijuana and establish the Natalie M. LaPrade Medical Marijuana Commission with the responsibility of forming regulations for legal consumption, possession, cultivation, and sale of marijuana products to qualifying patients 18 years and older or their caregivers. The Commission became operational in 2017, and the list of licensed marijuana providers was expanded to include nurse practitioners, dentists, certified nurse midwives, and podiatrists.

Furthermore, in 2013, lawmakers in Maryland voted to decriminalize the possession of up to 10 grams (0.35 ounces) of marijuana. It became a civil offense retaining a fine of $100 for violators. The law was passed into legislation in 2014. Similarly, the Maryland General Assembly overrode a refusal by Governor Hogan to decriminalize possession of cannabis paraphernalia and public consumption of marijuana. This made both civil offenses punishable by a $500 fine.

Marijuana dispensaries opened in the state in 2017, and patients registered with the Commission were allowed to purchase medical marijuana. Maryland's medical marijuana program has experienced a tremendous increase, with over 150 licensed cultivators, processors, testing laboratories, and dispensaries serving over 139,000 registered patients, according to the MMCC Annual Report for 2021.

Maryland Lawmakers passed House Bill 1 in the 2022 legislative session, a ballot initiative on the legalization of adult-use marijuana. It will allow Maryland residents to vote on the legality of adult-use marijuana in the November 2022 Ballot. The referendum, called Question 4, asks voters if they favor the legalization of Marijuana for persons who are at least 21 years or older by July 1, 2023. In a poll conducted by Goucher College in March 2022, the result showed that 62% of Maryland residents support the legalization of recreational marijuana in the state. In another poll conducted by the Washington Post in conjunction with the University of Maryland’s Center for Democracy and Civic Engagement in September 2022, they found that 73% of Maryland residents support the legalization of marijuana in the state.

What are the Restrictions on Cannabis in Maryland?

Medical Marijuana is legal, while recreational Marijuana is illegal in Maryland. The Maryland Medical Cannabis Commission (MMCC) registers certified patients with debilitating conditions to buy, possess, and use medical marijuana. While recreational cannabis is still illegal, the following are restricted in the state:

• Possession of more than 10 g of marijuana for the personal use

• Possession with intent to distribute marijuana

• Cultivation or sale of marijuana

• Marijuana trafficking

• Hash or concentrates

• Marijuana paraphernalia

• Driving while intoxicated with marijuana