Fact Checked by Doctor NameIntroduction: Is Marijuana Legal in Maryland?
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Maryland’s cannabis legislation has altered dramatically during the previous decade. It was formerly banned but is now permitted for medical and recreational use across the state.
This comprehensive guide covers Maryland’s legal marijuana access, use, cultivation, sales, and more. We’ll follow the state’s cannabis policies, from prohibition to decriminalization to medical marijuana to adult-use licenses.
Medical marijuana law was enacted in 2014, dispensaries launched in 2017, and recreational marijuana legalization was permitted in November 2022.
As the environment evolves rapidly, this guide highlights Maryland marijuana regulations impacting patients, consumers, employers, drivers, and others.
History of Cannabis Legislation in Maryland
Maryland’s prohibitive laws against marijuana date back to the 1914 Uniform State Narcotic Act.
Possession of any amount could lead to heavy fines and prison sentences over the following decades. Efforts to reform these strict penalties began in the 1970s, mirroring national shifts in attitudes.
The Shafer Commission issued a report in 1972 emphasizing marijuana’s relative safety compared to other narcotics, such as alcohol, and recommending decriminalization.
The group NORML was started in 1972 to push for laws that support marijuana use. Before this, marijuana was illegal in all states. Then in 1976, Maryland passed a new direction.
This law made having less than 10 grams of marijuana a civil offense instead of a criminal misdemeanor.
This was the first time a state changed a marijuana law to be less strict.
However, steeper penalties remained for any amounts over 10 grams. Nothing substantially changed over the next 20 years until 2014 the Maryland General Assembly passed laws establishing a medical marijuana program.
This allowed legal access for approved patients suffering from certain conditions.
The Natalie M. LaPrade Medical Cannabis Commission was formed to write the regulations, and in 2017 the first medical dispensaries opened their doors to patients.
In 2022, laws were passed to expand medical access by allowing recommending providers to go outside rigid qualifying conditions if the benefits outweighed the risks for a patient.
The law also permitted cannabis edibles like gummies, baked goods, and chocolate.
That November, Question 4 passed with a substantial majority, legalizing recreational marijuana in Maryland for adults 21 and over. The first recreational sales began in Summer 2023.
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Recreational Use – Maryland Marijuanas Law
With the passage of Question 4, Maryland ended the prohibition on recreational marijuana possession and home cultivation for adults 21 and older. It also set up a framework to regulate and tax retail cannabis sales.
Specifically, the new law allows individuals 21+ to:
- Possess up to 1.5 ounces of cannabis on their person
- Store up to 5 ounces in their home or property
- Grow up to 2 mature and four immature marijuana plants
- Gift up to 1 ounce or six green plants to other adults 21+
- Purchase cannabis and cannabis products from licensed retailers
Public consumption of marijuana remains illegal. Landlords can also restrict home cultivation. No limits exist for possession or purchasing inside the home.
The legislation requires cannabis farmers, processors, distributors, testers, and retailers to be licensed. Sales tax is 19%, and revenue exceeds $100 million.
Small enterprises, addiction treatment, education, and more will get funds.
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Medical Marijuana Program in Maryland
In addition to recreational access, Maryland maintains a robust medical marijuana program serving over 160,000 registered patients as of 2023.
The program launched in 2017 after legislation passed in 2014. For those with terminal illnesses, it seeks to make cannabis legal. Patients need written certification from their registered providers.
To qualify, people must get a signed diagnosis from a qualified doctor that they have one of the allowed diseases, such as: For Adults Medical Conditions Include:
- AIDS/HIV
- Cachexia or Wasting Syndrome
- Cancer
- Chronic Pain, Muscle Pain and Other Types of Pain
- Eating Disorders (e.g. Anorexia, Bulimia, Obesity)
- Epilepsy
- Glaucoma
- Multiple Sclerosis (MS)
- Muscle Spasms
- Nausea & Vomiting
- Palliative Care (Admittance Into Hospice)
- Post-Traumatic Stress Disorder (PTSD)
There are no limits on possession, purchase, or consumption for medical marijuana patients. Registered users can obtain a 90-day supply based on personal use needs.
Over 100 licensed dispensaries across Maryland offer products like dried flowers, extracts, tinctures, topicals, edibles, and more.
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Weed Cultivation and Dispensary Regulations in Maryland
Under Maryland’s medical program, licensed growers cultivate cannabis that is processed into products and supplied to dispensaries across the state. Testing facilities screen for quality control before products reach shelves.
The Natalie M. LaPrade, Medical Cannabis Commission, oversees regulations and licensing for growers, processors, and independent testing laboratories. They maintain strict safety and quality standards.
There are also robust regulations surrounding medical cannabis dispensaries. Licenses are granted after an intensive application process assessing business plans, finances, diversity plans, safety protocols, and more.
Dispensaries must secure the premises with alarms, cameras, safes, and more. Products must be tracked in inventory systems to prevent diversion.
Outlets can only sell to registered patients and caregivers. Online ordering and curbside pickup options are also permitted.
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Cannabis Possession and Transportation Regulations in Maryland
For recreational consumers, public possession limits are set at:
- 1.5 ounces of cannabis flower
- 15 grams of cannabis concentrate
- Up to 5 ounces can be kept securely in a private residence.
- It’s essential to keep any marijuana in sealed, child-resistant packaging when transporting.
Patients in the medical marijuana program face no possession restrictions under state law.
- With no limits, they can obtain a 90-day supply, as their certifying provider recommends.
When transporting legal cannabis, specific additional rules apply:
- Marijuana should remain in sealed, labeled packaging from the dispensary.
- It must be kept out of reach of the driver and any minor passengers, such as in a locked glove compartment or trunk.
- Transporting cannabis loose in bags or visible containers can lead to criminal charges.
- Passengers cannot consume marijuana in vehicles under the new social use restrictions.
- Doing so can incur a civil fine of $250-$500 as an “open container” violation.
- Medical patients should use discretion when transporting marijuana in a vehicle, keeping products sealed and out of sight.
By following possession and transportation rules, adults can avoid issues like civil citations, misdemeanor possession charges, or putting minor passengers at risk.
For medical users, discretion is key to staying compliant with regulations.
Driving and Marijuana Impairment Laws in Maryland
Despite legalization, driving under marijuana’s influence remains illegal and dangerous in Maryland.
Cannabis impairs coordination, reactions, focus, and judgment, risking accidents and causing any detectable THC, whether medical or recreational, is prohibited. Charges involve DUI, DUI per se, and negligent or reckless driving.
Penalties include fines up to $1,000, jail up to 1 year, license suspension up to 6 months, drug classes, and felony charges for repeat offenses.
Marijuana users must refrain from driving while impaired and plan alternate transportation. Proper dosage timing is critical for medical patients to avoid effects while causing—delays driving for hours after consuming until entirely sober.
Consumption must be responsible, and impaired drivers should use rideshares, transit, or taxis. Maryland laws do not allow marijuana-impaired driving.
Drivers must understand the substantial risks cannabis poses to avoid endangering themselves and others. Responsible use means planning travel around dosing schedules and arranging other transportation when impaired.
Employment Policies and Workplace Protections in Maryland
Despite state legalization, marijuana use can still be prohibited by federal and private employers. Employees can face adverse actions for failing drug tests, even if off work premises.
Some critical considerations around cannabis in the workplace include:
- Employers can still enforce drug testing and marijuana prohibitions through company policy.
- Workers in safety-sensitive roles may face restrictions on off-duty use.
- Employers do not have to allow medical use or make accommodations for patients.
- Discrimination protections only apply to medical patients under state law.
As laws evolve, companies may consider relaxing restrictions or prohibitions for workers not in safety-sensitive roles.
For now, however, employers maintain discretion for internal marijuana policies.
Marijuana Tax Revenue from Cannabis Sales in Maryland
Marijuana sales are subject to both state and local taxes in Maryland. These include:
- 19% sales tax on all recreational marijuana purchases.
- 6% sales tax on medical marijuana purchases.
- 3% local tax that varies by jurisdiction.
Economists estimate annual tax revenue between $100 to $200 million from recreational sales. Funds will benefit small companies, youth education and prevention, community reinvestment, and more.
The state expects over $10 million yearly tax income from medical cannabis.
Conclusion
Maryland has made remarkable progress in cannabis reform over the past decade.
What was once strictly prohibited is now accessible for medical patients and adult-use consumers under a regulated framework.
However, marijuana laws continue to evolve.
As social attitudes and political will keeps shifting, we may see expanded access, including homegrown for adult use, allowance of cannabis lounges or cafes, increased workplace protections, and more evolution around driving policies.
Key social equity and restorative justice challenges for communities harmed by prohibition remain.
While the future is unclear, Maryland has built solid foundations for balanced, responsible legalization. This progress required tremendous advocacy and legislation at both state and local levels.
If momentum continues, Maryland could soon become a model for comprehensive cannabis reform centered on public health, social justice, and sustainable, inclusive industry growth nationwide.
Resources and Legal Support
Several organizations provide education, legal support, and advocacy around medical and recreational marijuana in Maryland:
- NORML Maryland – Nonprofit organization dedicated to reforming marijuana laws in Maryland.
- Maryland Cannabis Physicians Association – Provides education and resources for medical providers on marijuana.
- Maryland Patient Alliance – Advocacy group assisting medical marijuana patients in Maryland.
- Maryland Dispensary Cooperative – Online platform with listings and reviews of Maryland dispensaries.
- Maryland Medical Cannabis Commission – State regulatory agency overseeing medical and adult-use cannabis programs.
- Maryland Department of Health – State agency managing the Maryland Medical Cannabis Program.
- Maryland Cannabis Policy Coalition – Coalition advocating for equitable, just cannabis policies.
- Marylanders for Cannabis Reform – Grassroots coalition supporting progressive cannabis policies.
Stay current on cannabis laws and regulations by following the links above. Contact a legal professional with questions or concerns about Maryland’s evolving marijuana policies.
References:
- https://norml.org/laws/maryland-penalties-2/
- https://mmcc.maryland.gov/Pages/patients.aspx
- https://mmcc.maryland.gov/Pages/Dispensaries.aspx
- https://mmcc.maryland.gov/Pages/Medical_Cannabis.aspx
