In our recent elections, the people of Maryland voted in favor of an initiative to legalize recreational marijuana in our state. This is great news for those who have been wanting a new (and legal) way to enjoy their free time. The passing of this law also includes provisions to revise the code on expungements for those convicted of simple possession of marijuana, which is great news for those of us who are in the business of helping people clear their records.
“Do you favor the legalization of the use of cannabis by an individual who is at least 21 years of age on or after July 1, 2023, in the State of Maryland?” That was question 4 on the ballot during this most recent election, and almost 67% of voters voted in favor of this proposition.
The election brought happy news for lots of people, but it should be noted that there are still laws concerning marijuana consumption and possession. Driving under the influence of marijuana – even if the marijuana was legally consumed – is still illegal, as is having marijuana with the intent to distribute, though the amount of time one has to wait in order to get that charge expunged from your record has decreased significantly under the new laws that are soon to be passed.
What is Maryland’s new law regarding recreational weed?
Article XX states that:
- Subject to Subsection (B) of this section, on or after July 1, 2023, an individual in the state who is at least 21 years old may use and possess cannabis.
- The General Assembly shall, by law, provide for the use, distribution, possession, regulation, and taxation of cannabis within the state.
Attached to the question were provisions that “(4) alters civil/criminal penalties related to cannabis; (5) authorizes specified resentencing and release of individuals convicted of use or possession of cannabis; (6) alters expungement provisions;” In simple terms, simple possession of marijuana will no longer be illegal starting in July of next year.
The Baltimore Banner explains it well, stating:
The revised criminal justice codes will pardon simple possession charges in cases where it was the only charge, and provide pathways to expungement where the charge was one of many. The law allows those currently incarcerated on simple possession charges to petition the court for resentencing and release.
In addition, the new law reduces the wait time to three years before one can apply to expunge a possession with intent to distribute charge.
Finally, starting in July of 2023, people will legally be allowed to grow up to two cannabis plants at home, out of view of the public. Also, the new law will allow for “personal possession of up to 1.5 ounces of marijuana for adults 21 and older.”
The new law with all its provisions provides many with relief from the stigma of their past “crimes,” now making it easier for them to get a job, a home, a car, and lines of credit.
Overall, legalizing cannabis will increase tax revenues, stimulate job growth, and create investment opportunities, helping our economy while providing a recreational pastime to those old enough to use it responsibly, just as many of us enjoy alcohol responsibly.
What is still illegal in Maryland when it comes to using marijuana?
While recreational marijuana will soon be legal for everyone of age in Maryland, there are still laws concerning how much you may possess, where you can use it, and driving under its influence.
If you are caught with more than 1.5 ounces but less than 2.5 ounces, the penalty will only be a civil fine of up to $250. More than that, and you may be seeing up to six months of jail time or a fine of $1,000.
As for smoking cannabis in public, that will still be illegal, punishable by a fine of up to $250. That doesn’t mean you can’t have a “special brownie” and go get some ice cream and chill out by the waterfront (so long as you have a sober friend to shepherd you around!).
Finally, driving under the influence of pot is still very legal and very dangerous. As per Maryland statute §21–902, driving under the influence of cannabis will result in penalties including:
- For a first offense, imprisonment not exceeding 2 months or a fine not exceeding $500 or both; and
- For a second offense, imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
Come July of next year, have fun lighting up, vaping, or enjoying an edible legally in the comfort of your own home, but be aware that the old laws still exist until that date. So chill out until then, or face very not-chill penalties.
If you are arrested for charges of possession of cannabis before or after this new law takes effect, you should contact an Annapolis drug crime defense lawyer. At Drew Cochran, Attorney at Law, our team will work to develop the best strategies to use in your defense, including proving that an illegal search may have been done, you were pulled over without proper reason, or that the prosecution cannot prove your guilt beyond a reasonable doubt.
To schedule a consultation at our office in Annapolis or Ellicott City, please call us, or complete our contact form.
Just remember: Keep Calm – and Call Drew.
