What You Need to Know About the New Cannabis Laws Havre de GraceWhat You Need to Know About the New Cannabis Laws When will cannabis become legal in Maryland? From January 1, 2023 to June 30, 2023, possession of small amounts of cannabis or cannabis products is still illegal and carries civil penalties as described below. Starting July 1, 2023, possession and use of small amounts of cannabis and cannabis products will be legal. Is there a limit on the amount of cannabis I can have? After July 1, 2023, an adult over the age of 21 can legally possess up to the following amounts: up to 1.5 ounces cannabis or up to 12 grams concentrated cannabis or cannabis products containing up to 750 milligrams of delta-9-TCH or up to 2 cannabis plants Possession in excess of the above amounts can be punishable by civil or criminal penalties, depending on the amount in question. Penalties for possession in excess of the limits: “Civil Use” Possession Amounts: More than 1.5 ounces , but less than 2.5 ounces cannabis More than 12 grams, but less than 20 grams concentrated cannabis Cannabis products containing more than 750 mg, but less than 1250 strength delta-9-THC Penalty: A fine up to $250 Possession in excess of “Civil Use” amounts Amounts: More than 2.5 ounces cannabis More than 20 grams concentrated cannabis Cannabis products containing more than 1250 strength delta-9-THC Penalty: Criminal misdemeanor Read the Law: Md. Code, Criminal Law §§ 5-101, 5-601 and 5-601.1 Can I grow cannabis at home? Yes. Starting July 1, 2023, adults will be allowed to grow up to two cannabis plants. The plants must be out of the public view and secured so that they are not accessible by unauthorized individuals or individuals under the age of 21. No more than two cannabis plants can be grown per residence, regardless of the number of adults who reside at the residence. Additionally, cannabis plants may only be grown on property owned by the grower or with the consent of the property owner. Read the Law: Md. Code, Criminal Law § 5-601.2 Can I sell cannabis? No. Selling cannabis without the proper licensing will remain illegal under the new law. Selling without a license is classified as a criminal misdemeanor and punishable by up to three years imprisonment and/or a fine of up to $5,000. Read the Law: Md. Code, Criminal Law §§ 5-601, 5-602, and 5-607 Can I give cannabis to friends? Sharing of cannabis with another adult 21 years or older is allowed after July 1, 2023. The amount of cannabis shared must not exceed the amount defined as personal use and no money (or other remuneration) can be exchanged for the cannabis. Transfer of amounts in excess of the Personal Use amount or accepting payment for transferred amounts may qualify as possession with the intent to distribute, which is prohibited. Individuals charged with possession with the intent to distribute may be criminally charged and face penalties of three years imprisonment and/or a $5000 fine. Read the Law: Md. Code, Criminal Law § 5-602 Can I smoke cannabis in public? Maryland’s new law prohibits smoking of cannabis in specified locations, including public places. Smoking cannabis in a public place is a civil offense and may be penalized by up to a $50 fine for a first offense. Subsequent offenses can incur fines up to $150. The law also prohibits a driver from smoking cannabis in motor vehicles. This law takes effect July 1, 2023. Read the Law: Md. Code, Criminal Law § 5-601, Md. Code, Transportation § 21-903 Will past marijuana possession charges be expunged? Yes, but the expungement is not automatic. The new law allows individuals convicted of marijuana possession (under Criminal Law 5-601) to request an expungement after the successful completion of the sentence. Learn more about expungement. The law also prohibits the Maryland Judiciary Case Search database from displaying case records where marijuana possession (under Criminal Law 5-601) was the only charge.
