Key Takeaways
- Maryland voters legalized weed in November 2022, and adults (21+) in the state can possess 1.5 oz from 1st July 2023, and dispensaries have now opened.
- Possession of up to 2.5 oz is only punishable by a maximum fine of $250. Larger amounts may still get jail time.
- Medical marijuana is legal in Maryland, and the standard 30-day purchase limit is 120 g (around 4.2 oz).
Weed is legal in Maryland. For medical purposes, it has been legal for some time, and voters approved recreational marijuana in November 2022.
Maryland’s marijuana legalization went into effect on July 1st, 2023. From this date onwards, adults aged 21 or over in the state have been able to legally possess up to 1.5 ounces of marijuana for any purpose.
Approved medical patients can usually have up to 120 g of flower in a 30-day period, but medical providers can prescribe more or less than this as needed.
Here’s what you need to know to stay on top of the still-changing Maryland weed laws.
Is Weed Legal in Maryland?
Weed is legal in Maryland for both medical and recreational purposes. From July 1, 2023, adults aged 21 or over in the state will be able to possess 1.5 ounces.
Is Recreational Weed Legal in Maryland?
Voters in Maryland legalized weed on November 8th, 2022, when they approved Question 4 by a 67-33 margin.
The law basically authorizes adults aged 21 or over to possess and use cannabis from July 2023 onwards, with limits of up to 1.5 ounces (and/or 12 grams of concentrate), and legalizes growing cannabis provided the individual only has two plants.
Penalties for Possession
Although Maryland has legalized cannabis, there are still punishments for possession of larger amounts than the 1.5 ounces that are legal for personal use.
After passing Question 4, lawmakers passed HB 837, which adjusted the penalties for cannabis possession (page 12, lines 7 to 14).
While the transitional penalty (applying to small amounts before legalization took effect) is now removed, there are still penalties for possessing over 1.5 ounces:
- For less than 2.5 ounces of flower/20 g concentrate/1,250 mg of THC in products (a “civil use amount”), you can be fined up to $250. It’s also possible – in both of these cases – that you’ll be sent to a drug education program or treatment if needed.
- For larger amounts, the existing laws remain in force. For more than the civil use amount, but less than 50 pounds, offenders can receive up to six months in prison and a fine of up to $1,000.
- For amounts over 50 pounds, the punishment increases to a minimum of 5 years in prison and a fine of up to $100,000.
Is Medical Marijuana Legal in Maryland?
Medical marijuana is legal in Maryland and has been in some form since 2003.
However, HB 881 really established the medical program as we know it today. The law states (page 23, section 13–3313) that qualifying patients can’t be fined, imprisoned, or be denied any other right or privilege based on their medical use of marijuana.
As in most medical marijuana laws, it also established some qualifying conditions and a system for the certification of patients and dispensing the marijuana.
Medical Marijuana Patient Possession Limits
HB 881 established a “30-day supply” rule for medical patients without a specific authorized amount.
This is still the basic rule when it comes to making purchases. You have a rolling 30-day limit, which is written on your certification.
However, the standard amount is 120 g of flower or 36 g of a THC product. The “rolling” limit means that at any time, you have to subtract the amount of flower you’ve had in the past 30 days from the amount you’re certified for (say 120 g) to find out how much you can still buy.
For example, if you have the standard 120 g certification, but have bought 80 g in the past 30 days, you can only get 120 – 80 = 40 g. It isn’t related to the actual calendar months, but a rolling 30-day period.
How to Get a Medical Marijuana Card in Maryland?
The process for getting a medical marijuana card in Maryland is basically the same as in most other medical states.
The first step is getting an appointment with a registered provider, with whom you have a “bona-fide provider-patient relationship,” which essentially means that they are genuinely providing you with medical care, that they meet you in person, keep records for you, and so on.
As in many states, there is a list of qualifying conditions.
However, note that the last entry essentially means you can get treatment with marijuana for any serious medical condition if your physician agrees.
You can get medical marijuana for any condition that causes:
- Cachexia
- Anorexia
- Wasting syndrome
- Severe or chronic pain
- Severe nausea
- Seizures
- Severe or persistent muscle spasms
- Glaucoma
- Post-traumatic stress disorder (PTSD)
- Another chronic medical condition which is severe and for which other treatments have been ineffective
After you’ve been diagnosed and your provider thinks that medical marijuana is a valid treatment option, he or she can issue you a certification for marijuana.
However, before the certification can be issued, you’ll need to register online with the Maryland Medical Cannabis Commission (MMCC), through their OneStop online portal.
To do this, you’ll need an email account, a 9-digit social security number, an electronic copy of a government-issued photo ID (e.g. driver’s license, passport, military ID or state-issued photo ID) and if this ID doesn’t also show your address, two forms of proof of address (e.g. mortgage statements, bank statement, state-issued government mail, paystubs and other similar documents dated within 90 days). You’ll also have to provide a passport-style photograph and pay a non-renewable $25 application fee.
When this is approved, you can give your Patient ID Number (which you’ll receive via email) to your physician, and he or she can issue your certification. With this, you can print out your temporary MMCC patient ID card and buy cannabis from dispensaries.
Can You Consume in Public in Maryland?
Despite a good medical program and legal weed, public consumption is still not legal in Maryland. Smoking cannabis in public carries a fine of up to $50 for a first offense. For a second or subsequent offense, the fine increases to a maximum of $150.
Can You Drive Under the Influence of Marijuana?
As in every state, it’s illegal to drive under the influence of marijuana in Maryland.
Specifically, it’s illegal to be impaired to the point where you can’t drive safely, regardless of what the substance is.
Maryland also has an implied consent law, so you’ve already consented to tests of your blood, breath and urine to determine the presence of alcohol or drugs. Your license will be suspended for 45 days if you refuse.
For the actual DUI, the punishments are:
- For a first offense (within 5 years), it’s punishable by up to 1 year in prison, a fine of up to $1,000 or both. Your license will also be suspended for up to 45 days, and you may have to complete a drug education program (as you may for any subsequent offenses too).
- For a second offense (within 5 years), the punishments basically double. You can be put in prison for up to 2 years (48 hour mandatory minimum), you’ll be fined up to $2,000 and your license will be suspended for 90 days.
- For a third offense, the punishments increase to up to 5 years in prison, a fine of up to $5,000 and your license will be suspended for 18 months.
- For a fourth or subsequent offense, the punishment increases to a maximum of 10 years in prison and fines of up to $10,000.
Is Delta-8 THC Legal in Maryland?
Delta-8 THC is legal in Maryland, after a court ruled in favor of the hemp industry in late 2023.
The state took the definitions from the federal 2018 Farm Bill when defining hemp in HB 1123 (page 4, part (c)).
Crucially, the state limited the delta-9 THC level, not the overall THC level. This meant that delta-8 products were de facto legal as there is less than 0.3% delta-9 THC by dry weight.
However, SB 778 brought it closer in line with the recreational marijuana law in Maryland, and now it is legal provided you are aged 21 or over, and it will likely be incorporated into the recreational marijuana law in future.
Lawmakers passed HB 556 in 2023, which would have meant that any product with over 0.5 mg of any THC per serving would have to be sold in state-licensed dispensaries. However, a court ruled that it violated the state’s equal protection and anti-monopoly laws.
While the situation is likely to change in future, delta-8 THC is currently legal following this ruling.
RELATED: Delta-8 THC Laws and Penalties Explained
Is Weed Decriminalized in Maryland?
Weed was decriminalized in Maryland prior to its legalization, with possession of less than 10 g previously being punishable only with a fine.
However, the new laws go well beyond this for amounts less than 1.5 ounces, and amounts beyond this up to 2.5 ounces are still treated as a “civil offense” rather than a crime.
Is Growing Weed Legal in Maryland?
Growing weed has been legal in Maryland since July 2023.
Although you couldn’t previously grow weed under Maryland medical marijuana laws, the adult use law does allow cultivation (page 14, line 1). The “personal use amount” is considered as two plants or fewer, according to HB 837.
The state doesn’t specify the maturity level of these plants, so it is just two plants of any maturity level. However, medical patients can grow two additional plants, with a maximum of four per household.
Conclusion
Maryland legalized marijuana in 2022 and the state won’t be looking back. Since the start of 2023, punishments for possession were massively eased, and from July 2023 adults have been legally able to possess 1.5 ounces or grow two plants. If you want more weed than this, you might be entitled to it under the state’s medical marijuana program, and you can also just find delta-8 if you prefer, but there are 101 adult use dispensaries in-state for anyone over 21 to buy cannabis.