Maryland Medical Marijuana Laws and Regulations
Maryland Cannabis Laws: Complete Legal Guide
Maryland became the 22nd state to legalize recreational cannabis when voters approved Constitutional Amendment 4 (Question 4) in November 2022. Adult-use sales began July 1, 2023. The state's medical cannabis program has been operational since 2014.
Key Legislation
| Law | Citation | Effective Date |
|---|---|---|
| Natalie M. LaPrade Medical Cannabis Commission Act | Health-General Article, Title 13, Subtitle 33 (§13-3301 et seq.) | 2014 |
| Constitutional Amendment 4 (Question 4) | Maryland Constitution | November 8, 2022 |
| Cannabis Reform Act of 2023 | HB 556 / Chapter 254 | July 1, 2023 |
| Adult-Use Cannabis | Health-General Article, Title 36 (§13-3601 et seq.) | July 1, 2023 |
Maryland Cannabis Administration (MCA)
The Maryland Cannabis Administration (formerly the Maryland Medical Cannabis Commission) oversees all cannabis licensing, regulation, and enforcement in the state.
Contact Information:
- Website: cannabis.maryland.gov
- Phone: (410) 487-8100
- Email: mca.inquiries@maryland.gov
Adult-Use Cannabis (Recreational)
Under Health-General Article §13-3601 et seq., adults 21 and older may:
Possession Limits:
- 1.5 ounces (42.5 grams) of cannabis flower
- 12 grams of cannabis concentrate
- 750 mg of THC in cannabis products
- 2 cannabis plants for personal home cultivation
Home Cultivation:
- Up to 2 flowering plants per household
- Plants must be kept in an enclosed, locked space
- Not visible from public areas
- Only adults 21+ may cultivate
- Cannot use butane or other flammable solvents for extraction
Prohibited Activities:
- Public consumption (civil fine up to $250)
- Consumption while operating a motor vehicle
- Providing cannabis to persons under 21
- Possession on school grounds or federal property
- Consumption in the workplace
- Exceeding possession limits
Medical Cannabis Program
Maryland's medical cannabis program operates under Health-General Article, Title 13, Subtitle 33. The program serves qualifying patients with debilitating medical conditions.
Qualifying Medical Conditions:
- Cachexia/wasting syndrome
- Anorexia
- Chronic pain
- Severe nausea
- Seizures
- Severe/persistent muscle spasms
- Glaucoma
- Post-traumatic stress disorder (PTSD)
- Any condition that is severe and resistant to conventional medicine, where cannabis may provide relief (physician discretion)
Medical Patient Benefits:
- Higher possession limits (up to 120 grams/30-day supply)
- Tax exemption from the 9% cannabis sales tax
- Home cultivation (2 plants, same as adult-use)
- Priority access and dedicated hours at some dispensaries
Taxation
Adult-Use Cannabis:
- 9% state cannabis sales tax (July 1, 2023 - June 30, 2025)
- Tax increases to 12% on July 1, 2025
- Tax increases to 15% on July 1, 2028
- 6% standard state sales tax also applies
Medical Cannabis:
- Exempt from the 9% cannabis sales tax
- Standard 6% sales tax applies
Penalties for Violations
Civil Penalties (Adults 21+):
| Violation | Penalty |
|---|---|
| 1.5 oz - 2.5 oz possession | Civil fine up to $250 |
| Public consumption | Civil fine up to $250 |
| Smoking in vehicle | Civil fine up to $250 |
Criminal Penalties: Under Criminal Law Article §5-601:
| Amount | Classification | Penalty |
|---|---|---|
| > 2.5 oz (personal use) | Civil violation | Fine only |
| Distribution without license | Felony | Up to 5 years, $15,000 fine |
| Distribution to minor | Felony | Up to 20 years |
| Distribution near school | Enhanced penalties | Up to 20 years |
Under 21 Possession:
- Civil citation and mandatory drug education
- No criminal record for first offense
Driving Under the Influence
Driving under the influence of cannabis is prohibited under Maryland Transportation Article §21-902. Maryland uses an impairment standard (no per se THC limit).
DUI Penalties:
- 1st offense: Up to $1,000 fine, up to 1 year jail, 12 points on license
- 2nd offense: Up to $2,000 fine, up to 2 years jail
- 3rd offense: Up to $3,000 fine, up to 3 years jail
Important: Medical cannabis patients are NOT exempt from DUI laws. The BeCannabis Smart campaign provides impaired driving education.
Employment Rights
Maryland provides some protections for medical cannabis patients:
- Employers cannot refuse to hire solely based on medical cannabis patient status
- Employers may prohibit cannabis use/impairment during work hours
- Employers may maintain drug-free workplace policies for safety-sensitive positions
- Federal contractors may have different requirements
Recreational users have limited employment protections under state law.
Local Regulations
Under the Cannabis Reform Act, local jurisdictions may:
- Limit the number of cannabis establishments
- Establish zoning requirements and buffer zones
- Require local licenses in addition to state licenses
- NOT ban the possession or use of cannabis by adults
- NOT prohibit licensed dispensaries entirely (must allow reasonable access)
Social Equity Provisions
Maryland's Cannabis Reform Act includes significant social equity measures:
- Priority licensing for social equity applicants
- Community reinvestment funds from cannabis tax revenue
- Automatic expungement of certain cannabis convictions
- Small, minority, and women-owned business assistance
Dispensary Information
Cannabis may only be purchased from state-licensed dispensaries. Both medical patients and recreational consumers may purchase from licensed retailers.
Finding a Dispensary:
- Use the MCA Dispensary Locator on the official website
- Verify the business is licensed by the Maryland Cannabis Administration
Key Resources
- Maryland Cannabis Administration: cannabis.maryland.gov
- Patient Registration: MMCC Patient Portal
- Maryland General Assembly - Cannabis Laws: mgaleg.maryland.gov
- BeCannabis Smart Campaign: cannabis.maryland.gov/Pages/BeCannabis-Smart.aspx
- Dispensary Locator: Available on MCA website
Timeline of Legalization
| Date | Event |
|---|---|
| 2014 | Medical cannabis program established |
| December 2017 | First medical dispensary sales |
| November 8, 2022 | Voters approve Constitutional Amendment 4 |
| January 1, 2023 | Possession of 1.5 oz decriminalized |
| July 1, 2023 | Adult-use sales begin, home cultivation allowed |
| July 1, 2025 | Cannabis tax increases to 12% |
| July 1, 2028 | Cannabis tax increases to 15% |
This information reflects Maryland cannabis laws as of December 2025. Always consult official state sources and legal counsel for the most current requirements.