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.
Is Marijuana Legal in Maryland?
Yes, both medical and recreational marijuana are legal in Maryland:
- Medical Cannabis: Legal since December 1, 2017 (sales began)
- Adult-Use Cannabis: Legal since July 1, 2023 (Constitutional Amendment 4)
- Home Cultivation: Legal since July 1, 2023 (2 plants per household)
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.