Maryland Marijuana Laws

Patients registered with Maryland’s medical marijuana program may possess up to 4 ounces of dried cannabis and 1 ounce of infused products at any given time. Personal possession or use by the general public is a civil offense that may result in a $100 fine.

Maryland marijuana laws




While marijuana has not yet been fully legalized in Maryland, the state has enacted medical marijuana laws, and small amounts of personal possession are decriminalized.


Possession of 10 grams of marijuana or less is decriminalized in Maryland and is subject to a civil fine of no more than $100. But possession of larger amounts is a crime. If the weight is between 10 grams and 50 pounds, the maximum penalty is 1 year in jail and $1,000 in fines. Possessing more than 50 pounds is punishable by a mandatory minimum of 5 years in prison and $100,000 in fines.

Possession of any amount of marijuana with intent to deliver it is a felony. If the amount is less than 50 pounds, the maximum penalty is 5 years in prison and a $15,000 fine. The penalties are the same with weights greater than 50 pounds, except that a mandatory minimum prison sentence of 5 years is imposed.

Maryland has a so-called “drug kingpin” statute that penalizes certain high-volume traffickers with at least 20 years in prison and as many as 40, plus up to $1 million in fines.

Possession with intent carries enhanced penalties when it occurs in a school vehicle or within 1,000 feet of an elementary or secondary school. The maximum penalty is 20 years in prison and $20,000 in fines. For subsequent offenses, there is a mandatory minimum of 5 years in prison, a maximum of 40, and up to $40,000 in fines.

Any involvement of a minor can result in up to 20 years in prison and $20,000 in fines.

Offense Penalty Incarceration Max. Fine

Personal Use

Less than 10 g Civil Offense None $ 100
10g – less than 50 lbs Misdemeanor 1 year $ 1,000
50 lbs or more Felony 5 years* $ 100,000
Offenses involving the use of marijuana in public carries a civil fine of up to $500
Increased fines for subsequent offenders

With Intent to Distribute

Less than 50 lbs Felony 5 years $ 15,000
50 lbs or more** Felony 5 years* $ 15,000
More than 50 lbs (drug kingpin) Felony 20* – 40 years $ 1,000,000
In a school vehicle, or in, on, or within 1000 feet of an elementary or secondary school Felony 20 years $ 20,000
Subsequent violation Felony 5* – 40 years $ 40,000
Involving a minor Felony 20 years $ 20,000
* Mandatory minimum sentence
** Subsequent offense carries a mandatory minimum sentence of 2 years

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It is a felony to traffic marijuana in Maryland, and any cannabis offense involving 5 or more kilograms is considered trafficking. If the amount is between 5 and 45 kilograms, the top penalty is 10 years in prison plus $10,000 in fines.

For amounts greater than 45 kilograms, the top trafficking penalty is 25 years in prison and $50,000 in fines. A sentence of at least 5 years in prison and as many as 20 applies for trafficking while in possession of a firearm.

Offense Penalty Incarceration Max. Fine
More than 5 – less than 45 kg Felony 10 years $ 10,000
45 kg or more Felony 25 years $ 50,000
In possession of a firearm while trafficking Felony 5* – 20 years N/A
* Mandatory minimum sentence

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Cultivation of cannabis is treated under simple possession laws. The same weight limits and penalties apply.

Offense Penalty Incarceration Max. Fine
See Possession section for details.

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Hash and Concentrates

The same penalties and weight limits that apply to traditional marijuana flower also apply to hashish, hash oil, and other cannabis concentrates.

Offense Penalty Incarceration Max. Fine
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

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Possession of marijuana paraphernalia is a civil offense in Maryland, but any sale or advertising are illegal unless intended, marketed, and used only for legal purposes. Paraphernalia includes all drug-related items, including objects used in the cultivation, harvesting, storage, testing, analysis, concealment or use of marijuana.

Possession and use. Possession of paraphernalia is a civil offense.

Sale and distribution. It is a misdemeanor to sell paraphernalia. A first offense is subject to a maximum $500 fine, while subsequent offenses are punishable by as much as 2 years behind bars and $2,000 in fines. Advertising the distribution of paraphernalia, also a misdemeanor, also carries a maximum sentence of 2 years in prison and $2,000.

Sale to a minor. Selling cannabis paraphernalia to a minor at least 3 years younger than the seller is likewise a misdemeanor, punishable by up to 8 years in prison and $15,000.

Offense Penalty Incarceration Max. Fine
Possession of drug paraphernalia Civil Offense None $ 0
Sale/Advertising distribution of drug paraphernalia Misdemeanor None $ 500
Subsequent violation Misdemeanor 2 years $ 2,000
Selling to a minor who is at least 3 years younger Misdemeanor 8 years $ 15,000
Possession/Sale controlled paraphernalia Misdemeanor 1 year $ 1,000
Paraphernalia includes all equipment and materials used in the use, manufacture, or distribution of marijuana.

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Medical Marijuana


Maryland introduced a medical marijuana law in 2013 which required hospitals to learn how to get involved in the distribution of cannabis. Unsurprisingly, no hospitals did so, so a new law was enacted in 2014 allowing dispensaries and growers to provide medical marijuana to registered patients who have received a written recommendation from their physician.


  • Cachexia, Anorexia, or Wasting Syndrome
  • Chronic or severe pain
  • Glaucoma
  • Post-traumatic stress disorder (PTSD)
  • Seizures
  • Severe or persistent muscle spasms
  • Severe nausea
  • Seizures
  • Another chronic medical condition which is severe and for which other treatments have been ineffective.

30-day supply. Edible cannabis products are not permitted.



Yes – a primary caregiver is an individual who has consistently assumed responsibility for the health, housing, or safety of a qualified patient. Unless the caregiver is the parent of a qualified patient, caregivers must be 18 years of age or older.


Marijuana Attorney Directory

Maryland Marijuana Attorneys

The following Maryland lawyers are actively involved in the practice of cannabis law:

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