Maryland Cannabis Law: What Is Legal, What Is Still a Crime, and What It Means for You

Maryland legalized recreational cannabis for adults 21 and older on July 1, 2023, following the passage of Question 4 by voters in November 2022. For many Marylanders, this was a significant and welcome change. But legalization did not mean that cannabis is now unrestricted in Maryland; criminal charges are still possible in a range of situations, and many people are unaware of where the legal lines fall.

This post explains what Maryland law now permits, what conduct is still criminal, how legalization affects prior cannabis convictions, and what people facing cannabis-related charges in Baltimore should know.

Resource: Maryland Cannabis Administration

What Maryland Law Now Permits

Under Maryland’s Cannabis Reform Act of 2023 (HB 556/SB 516), adults 21 and older may legally do the following:

• Possess up to 1.5 ounces of cannabis flower, 12 grams of cannabis concentrate, or a combination of products not exceeding 750mg THC
• Purchase cannabis from a licensed Maryland dispensary
• Grow up to two cannabis plants at home for personal use, with the consent of the property owner
• Share cannabis with another adult 21 or older without payment, provided the amount shared stays within the personal use limit

Use is restricted to private property with the property owner’s permission. Smoking cannabis in public is a civil offense. Smoking in a motor vehicle is separately prohibited under Md. Code, Transportation § 21-903.

Resource: People’s Law Library: Cannabis Use and Possession in Maryland

What Is Still a Criminal Offense

Legalization created a lawful zone for cannabis use in Maryland; it did not decriminalize all cannabis activity. The following remain criminal offenses:

Possession Above the Civil Threshold

Possession of between 1.5 oz and 2.5 oz is a civil offense carrying a fine of up to $250; no criminal record results. However, possession of more than 2.5 ounces is a misdemeanor punishable by up to 1 year in jail and a fine of up to $1,000 under Md. Code, Criminal Law § 5-601. Possession of 50 pounds or more is a felony, punishable by up to 5 years in prison and a fine of up to $100,000.

The line between a civil fine and a criminal charge is a matter of grams. A few extra grams of cannabis can change the legal category of an offense significantly, particularly when other evidence of distribution intent is present.

Possession With Intent to Distribute

Sharing cannabis without payment and within the personal use amount is lawful. Anything beyond that, including accepting money, selling, or distributing quantities above the personal use limit, may constitute possession with intent to distribute (PWID) under Md. Code, Criminal Law § 5-602. PWID cannabis is a felony carrying up to three years in prison and a fine of up to $5,000.

Prosecutors do not need to observe an actual sale to charge PWID. The presence of packaging materials, scales, large amounts of cash, or digital communications indicating sales activity can support an intent-to-distribute charge, even when the amount in possession might otherwise appear consistent with personal use.

Driving Under the Influence of Cannabis

Cannabis legalization has no effect on Maryland’s DUI laws. Driving while impaired by cannabis, alone or in combination with alcohol or other substances, is still a criminal offense under Md. Code, Transportation § 21-902. There is no per se THC limit in Maryland; the way there is a 0.08% BAC threshold for alcohol. Instead, impairment is assessed by the officer and by evidence, including field sobriety tests, driver behavior, and any chemical testing conducted.

Cannabis DUI charges are prosecuted seriously in Baltimore and throughout Maryland, and a conviction carries the same consequences as an alcohol DUI: potential jail time, fines, license points, MVA suspension, and ignition interlock requirements under Noah’s Law.

Federal Property and Federal Employment

Maryland’s legalization law has no effect on federal law. Cannabis remains a Schedule I controlled substance under the federal Controlled Substances Act. This means:

• Possession or use on any federal property: national parks, federal buildings, military bases, or post offices, is a federal offense regardless of state law
• Federal employees and federal contractors may be subject to drug testing and employment consequences under federal policy, regardless of Maryland’s legalization
• Cannabis use that occurs in or near a federally subsidized housing property may have separate legal consequences

Possession or Use if You Are Under 21

Maryland’s recreational cannabis law applies only to adults 21 and older. Possession or use by anyone under 21 is not lawful under the new law. Maryland treats underage cannabis possession as a civil offense with referral to drug education programs, but repeated violations or involvement in distribution can escalate the legal consequences.

Prior Cannabis Convictions: What Legalization Means for Your Record

One of the most common misconceptions following legalization is that prior cannabis convictions were automatically cleared. This is only partially true, and the details matter.

Automatic Expungement: Limited Scope

Maryland’s legalization law provided for the automatic expungement of certain prior cannabis possession convictions from the Maryland Criminal Justice Information System (CJIS), the law enforcement database, by July 1, 2024. However, this automatic expungement does NOT remove records from the Maryland court system. Case records held by the courts remain publicly accessible. If you believe you qualify for automatic expungement and your record has not been cleared, you may need to take separate action.

Resource: Maryland Courts: Cannabis Expungement Guide

Petitioning for Expungement

For convictions not covered by automatic expungement, individuals can petition the court for expungement after completing their sentence. The waiting periods depend on the nature of the conviction:

• Simple possession (§ 5-601): Eligible to petition immediately after completing the sentence, including any probation or supervised release
• Possession with intent to distribute (§ 5-602): Three-year waiting period after completing the sentence, parole, or supervised release

It is also important to understand the impact of Maryland’s unit rule: only entire cases, not individual charges, can be expunged. If a cannabis charge was part of a case that also included other non-expungeable charges, the cannabis charge cannot be expunged separately. An exception now exists for cannabis charges in certain circumstances, but the unit rule remains an important limitation.

If you have a prior cannabis conviction on your record and are unsure whether it qualifies for expungement, or whether your automatic expungement has been properly processed, speaking with a criminal defense attorney is the most reliable way to get clarity on your specific situation.

Common Misconceptions About Cannabis Legalization in Maryland

Several misunderstandings about the new law are worth addressing directly:

• “I can use cannabis anywhere.” Use is limited to private property with the owner’s permission. Public use is a civil offense. Use in a motor vehicle is prohibited.
• “The smell of cannabis can no longer justify a police search.” This is actively contested in Maryland courts. The legal status of odor-based probable cause following legalization has been evolving, and its application varies. Do not assume the smell of cannabis eliminates search authority.
• “Sharing cannabis is always legal.” Sharing is lawful only within the personal use amount, only between adults 21 and over, and only without any exchange of money or other compensation. Anything beyond that risks a PWID charge.
• “My old cannabis conviction was automatically cleared.” Automatic expungement from the law enforcement database (CJIS) is not the same as expungement from court records. Many people whose CJIS records were cleared still have court records that appear in background checks.

Facing Cannabis Charges in Baltimore? Talk to a Defense Attorney.

Legalization changed the landscape of cannabis law in Maryland, but it did not eliminate criminal exposure. If you are facing possession charges above the legal limit, a PWID allegation, a cannabis DUI, or questions about a prior conviction on your record, understanding your specific situation and legal options is important.

Walsh-Little Law represents clients facing drug charges in Baltimore City, Baltimore County, and surrounding Maryland counties in state and federal courts. Contact us at 410-205-9337 for a free, confidential consultation.