Maryland Marijuana Laws
As of July 1, 2023, it is legal for adults to possess, use and grow cannabis in Maryland.
Law Breakdown
LAW BREAKDOWNS
As of July 1, 2023, cannabis is legal for recreational use, possession and cultivation in Maryland.
Possession
The possession and licensed sales of cannabis for recreational purposes is legal in Maryland for adults 21 and older as of July 1, 2023.
Adults are legally permitted to possess up to 1.5 ounces of cannabis flower and/or 12 grams of cannabis concentrates. They are also permitted to grow up to two cannabis plants at home for personal use.
Possession of between 1.5 ounces and 2.5 ounces of marijuana flower, or its equivalent in concentrates, is a civil offense punishable by a maximum fine of $250. Quantities greater than this are still subject to criminal penalties of up to one year in jail and a maximum fine of $1,000.
Possession of 50 lbs or more of cannabis is still considered a felony punishable by up to 5 years in prison and a $100,000 fine.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Up to 1.5 ounces | No penalty | None | No Fine |
| 1.5 oz to 2.5 oz | Civil Offense | None | $250 |
| 2.5 oz to 50 lbs | Misdemeanor | 1 year | $1,000 |
| 50 lbs or more | Felony | 5 years | $100,000 |
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Trafficking
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
It is legal for adults to cultivate up to 2 plants at home.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Up to 2 plants | No penalty | None | No Fine |
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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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Paraphernalia
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
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.
QUALIFYING CONDITIONS:
- 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.
PATIENT POSSESSION LIMITS:
30-day supply. Edible cannabis products are not permitted.
HOME CULTIVATION:
No
STATE-LICENSED DISPENSARIES:
Yes
CAREGIVERS:
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.
RECIPROCITY:
No
Maryland Marijuana Attorneys
The following Maryland lawyers are actively involved in the practice of cannabis law:
