Staying informed on state cannabis laws is important for any resident, visitor, or potential cannabis entrepreneur looking to buy or sell cannabis. This guide provides clear answers to common questions about cannabis laws in Maryland, from its legalization history to current consumption rules. Keep reading to ensure you understand and comply with Maryland's cannabis regulations.
Is Cannabis Legal in Maryland?
Yes, recreational cannabis is legal in Maryland as of July 2023. Medical cannabis is also legal in Maryland as of April 2014.
When Did Maryland Legalize Cannabis?
Legal sales of adult-use cannabis officially began in Maryland on July 1, 2023. Maryland residents voted to legalize cannabis for recreational use the previous year in November. The Cannabis Reform Act was passed by the Maryland Legislature in the spring of 2023, laying the foundation for this new legal landscape. Governor Wes Moore signed the bill into law on May 3, 2023.
Maryland legalized medical cannabis on April 14, 2014, when Governor Martin O'Malley signed it into law. This established a system for patients with qualifying conditions to access medical cannabis through state-licensed dispensaries.
What Is the Legal Consumption Age for Cannabis in Maryland?
In Maryland, the legal age to consume cannabis is 21 years old. This applies to both recreational and medical cannabis. However, individuals under 21 may use medical cannabis if they have a qualifying medical condition and are registered with a caregiver.
The state takes underage cannabis consumption seriously; those found in possession of 2.5 ounces or less may face fines, mandatory drug education programs, and potential referrals for substance abuse treatment. Possession of more than 2.5 ounces can lead to criminal prosecution and more severe penalties.
What is the Legal Amount of Cannabis to Carry in Maryland?
Adults aged 21 and older in Maryland can legally possess up to 1.5 ounces of cannabis flower or 12 grams of cannabis concentrates. Additionally, you can possess cannabis-infused products containing up to 750 milligrams of THC. Exceeding these limits can result in penalties:
- Possession of 1.5 ounces to less than 2.5 ounces is considered a civil offense, punishable by a fine of up to $250 for a first-time offender.
- Possession of 2.5 ounces up to 50 pounds is classified as a misdemeanor, carrying penalties of up to one year in prison and a fine of up to $1,000.
- Possession of more than 50 pounds is a felony, with a minimum sentence of five years in prison and a fine of up to $100,000.
What is the Legal Amount of Cannabis to Sell in Maryland?
Licensed dispensaries in Maryland can sell up to 1.5 ounces of cannabis flower or its equivalent in other forms (e.g., 12 grams of concentrates or products with up to 750 milligrams of THC) per transaction to customers aged 21 and over. There is no limit to the number of transactions per day.
Where Can I Legally Purchase Cannabis in Maryland?
Cannabis can be legally purchased from state-licensed dispensaries throughout Maryland. These dispensaries are regulated by the Maryland Cannabis Administration, which ensures compliance with state laws regarding product quality, safety, and business operations. Consumers should only purchase from licensed dispensaries to avoid legal complications and to ensure they are getting tested, safe products.
How Much Tax Will I Pay on Cannabis in Maryland?
Cannabis sales in Maryland are subject to a 9% sales tax at the retail level. This tax applies to all recreational cannabis products. Medical cannabis, however, is exempt from this tax, providing financial relief to patients using cannabis for therapeutic purposes. Some local jurisdictions may impose additional taxes, so it’s important to check local regulations if you're purchasing cannabis in different areas of the state.
Can I Grow Cannabis Plants at Home in Maryland?
Yes, adults aged 21 and older can legally grow up to two cannabis plants per household for personal use in Maryland. The plants must be grown in a private space, out of public view, and in a secure location to prevent access by minors. Home cultivation allows individuals to have greater control over their cannabis supply, though it is essential to follow state regulations to avoid legal issues.
What Cannabis Products Are Available in Maryland?
In Maryland, you can purchase a variety of cannabis products, including flower, edibles, tinctures, concentrates, topicals, and vape products. Each product is subject to testing for potency and contaminants to ensure consumer safety.
Can I Gift Cannabis in Maryland?
Gifting cannabis is legal in Maryland, but it comes with specific restrictions. Adults aged 21 and older can gift up to 1.5 ounces of cannabis to another adult without any form of compensation. This means that you cannot exchange cannabis for money, goods, or services unless you are a licensed seller. The intent behind this law is to prevent unlicensed sales while allowing adults to share cannabis within legal limits.
Where Can I Smoke Marijuana in Maryland?
Cannabis consumption is restricted to private residences in Maryland. Public consumption, including smoking or vaping in places like parks, streets, and vehicles, is prohibited. Additionally, landlords and property owners have the authority to prohibit cannabis use on their premises, so renters should review their lease agreements and discuss cannabis policies with their landlords.
How Does Cannabis Consumption Impact My Employment in Maryland?
Maryland employers have the right to enforce drug-free workplace policies. This means that employees can still be tested for cannabis use and face disciplinary actions, including termination, if they fail a drug test, especially in safety-sensitive positions. Workers in federally regulated industries, such as transportation, may also be subject to stricter guidelines.
What are the Rules for Traveling with Cannabis in Maryland?
Traveling with cannabis within Maryland is legal if you possess amounts within the state's legal limits and follow proper storage guidelines. Cannabis should be stored in a sealed container, and it’s recommended to keep it in the trunk or another area that is out of reach while driving. It is illegal to transport cannabis across state lines, even to neighboring states where cannabis is also legal.
How are Past Cannabis Convictions Handled in Maryland?
The Cannabis Reform Act in Maryland includes provisions for the expungement of past cannabis convictions for activities that are now legal or decriminalized. Individuals with convictions for possession of small amounts of cannabis may be eligible for automatic expungement by July 2024.
For more serious offenses, the process may require a petition for resentence or expungement through legal channels, often with the assistance of an attorney. This aspect of the law is intended to address the long-term consequences of prior cannabis-related offenses and provide relief to those affected by outdated legislation.
Final Thoughts on Cannabis Laws in Maryland
Cannabis laws in Maryland have evolved significantly in recent years, reflecting broader societal changes in attitudes toward cannabis. Whether you are a resident, a business owner, or a visitor, understanding the current regulations is essential to ensure compliance and make informed decisions. As the state’s cannabis market continues to grow, staying up to date with the latest laws and guidelines will help you navigate this dynamic landscape.
For those looking to start or manage a cannabis business, tools like KayaPush can simplify payroll and employee management, allowing you to focus on growth and compliance. Book a free demo today to learn how KayaPush can support your business in Maryland's burgeoning cannabis industry.
