After spending months reviewing what 20 other states and the District of Columbia did wrong when they legalized marijuana, recreational weed becomes legal in Maryland on July 1. When the laws take effect, cannabis can be bought, used, and grown recreationally in the state by individuals at least 21 years old.
The first shops allowed to apply for licenses to sell recreational marijuana will be existing medical dispensaries that are already licensed.
What are the new Maryland marijuana laws?
The state will permit new cannabis growers and sellers to apply for licenses under new regulations passed this year as a way of expanding the recreational market. As of July 1, 2023, an adult over the age of 21 can legally possess equal to the following amounts of cannabis:
- 1.5 ounces cannabis, or
- 12 grams concentrated cannabis, or
- Cannabis products including up to 750 milligrams of delta-9-THC, or
- Up to 2 cannabis plants
The rules were different from Jan 1 to June 30, 2023, so if you got busted for possession before July 1, don’t worry: I can still help.
Under the new laws, those 21 and older without a medical card can legally purchase marijuana from licensed dispensaries. However, adults over 21 can possess no more than 750 mg of THC at one time — even if that amount comes in different forms. Two other critical numbers to remember: One legal consumer can have up to 1.5 ounces of flower or 12 grams of concentrated cannabis at any given time.
What about growing cannabis?
Under the new laws, adults are allowed to grow up to two cannabis plants in their home. However, if you rent and your landlord isn’t on board with growing weed, you can’t grow it there unless you get permission before planting it. The plants have to be hidden from public view and not accessible to unauthorized individuals or anyone under the age of 21. No more than two cannabis plants can be grown per household, no matter how many adults live there. Medical patients can grow up to four plants per household, no matter how many medical cardholders reside on the property.
Can I share my weed?
Yes, as of July 1, sharing of cannabis with another adult 21 years or older is allowed. However, the amount of cannabis shared cannot be more than the amount defined as personal use and no money (or other compensation) can be swapped for cannabis. Transferring amounts over the personal use amount or getting paid for transferred amounts could be considered possession with the intent to distribute – that is illegal.
What about THC vapes?
Cannabis-derived products like edibles, vapes, and oils will also be legal to purchase, under the same rules as flower. All of these products must meet testing standards set by the state to ensure they are free from dangerous additives.
Can I buy weed in Maryland if I live in Virginia or Washington, D.C.?
You won’t need a Maryland ID to buy cannabis after July 1. However, it is illegal to take the drug across state lines, so any cannabis purchased in Maryland must be consumed before leaving the state.
What is STILL prohibited under Maryland’s new laws?
Although recreational marijuana for those 21 or over will be legal in Maryland on July 1, plenty will still be illegal, such as:
- Possession and use by individuals younger than age 21 is illegal and subject to civil penalties.
- Individuals won’t be allowed to sell cannabis – only licensed cannabis businesses can do so.
- Possession of over the legal limit of marijuana remains against the law, and having amounts in excess of 2.5 ounces of flower could be considered criminal.
- Those 21 and older will typically be able to smoke weed at home or at a friend’s house, but not in a neighborhood park. Smoking cannabis in a public place like a sidewalk, street, bar, restaurant, on public transportation, and workplaces are civil offenses punishable by fines of up to a $250 fine for a first offense.
- Maryland law allows licensed on-site consumption establishments to operate where individuals can smoke outdoors on the premises, vape, or consume cannabis. However, indoor smoking isn’t permitted at on-site consumption establishments.
- Maryland counties and municipalities can implement zoning and planning requirements and create limitations on how cannabis can be consumed at on-site consumption establishments.
- Individuals won’t be able to get weed delivered in Maryland – at least for a while. The new laws allow businesses to apply for micro-dispensary licenses to operate a delivery service without a physical storefront, but those licenses won’t be given until January 1, 2024.
- It is against the law to drive while intoxicated after using marijuana in any way, and it is illegal to consume cannabis in a vehicle. Police may subject drivers to field sobriety tests if they think they might be impaired; however, there is nothing comparable to the Breathalyzer test for cannabis. According to the Maryland Medical Cannabis Commission, individuals should wait a minimum of six hours after consuming the drug before getting behind the wheel.
What about the penalties?
Police issue citations for the use or possession of the personal or civil use amount of cannabis. Citations are not considered crimes, but possession of more than the personal or civil use amounts will lead to an arrest, a jail sentence, or a criminal record. If a citation is issued to someone under 21, the court will summon the person for trial and could mandate drug treatment.
Here are the penalties for possession of cannabis in excess of the legal limits:
- Civil use possession
- More than 1.5 ounces , but less than 2.5 ounces cannabis
- Over 12 grams, but less than 20 grams concentrated cannabis
- Cannabis products with over 750 mg, but under 1250 strength delta-9-THC
- Penalty: Fines as much as $250
- Possession over civil use amounts
- In excess of 2.5 ounces cannabis
- Over 20 grams concentrated cannabis
- Cannabis products with over 1250 strength delta-9-THC
- Penalty: Criminal misdemeanor
Maryland law also bans anyone without a cannabis license from distributing a product intended for human consumption or inhalation that contains more than 0.5 milligrams of THC or 2.5 milligrams of THC per package. Those who violate this law are guilty of a misdemeanor and, if convicted, may be subject to a maximum $5,000 fine. Those charged with possession with the intent to distribute may face criminal charges and penalties of three years in prison and/or a $5000 fine.
Those with past marijuana possession charges can get them expunged, but the expungement is not automatic. The new law permits those with prior marijuana possession convictions to apply for expungement when their sentence is completed and individuals serving time for simple possession can get their sentences reconsidered. If you’re having trouble starting a business, getting a job, or otherwise moving on with your life due to a prior conviction, call my law firm: Drew Cochran, Attorney at Law. I will help you navigate the process and ensure that you are treated fairly under the new laws. Call today or use my contact form to set up an initial consultation at my office in Annapolis or Ellicott City
Just remember – Keep Calm, and Call Drew!
