What Does Cannabis Legalization Mean in Maryland?

In November, Maryland voted for an amendment to legalize cannabis use and possession for adults 21 years and older. The amendment will take effect on July 1.

The State Senate passed a bill in April to implement legislation for the amendment.

Starting July 1, adults over 21 can legally possess the “personal use” amount for cannabis. The allowed personal use amount is 1.5 ounces of cannabis, 12 grams of concentrated cannabis, cannabis products containing up to 750 milligrams of delta-9-THC, or 2 cannabis plants.

Possession in excess of these amounts is still punishable.

The “civil use” amount is 1.5-2.5 oz of cannabis, 12-20 g of concentrated cannabis and products with 750-1250 mg of delta-9-THC. Possession of these amounts can result in fines of up to $250. More than this can result in a criminal misdemeanor.

Adults will also be able to grow two cannabis plants at home. The plants must be out of public view and out of reach of underage people. There can only be two cannabis plants per residence regardless of the number of adults living at an address. Plants must be grown with permission from the property owner.

Selling cannabis without proper licensing will remain illegal and classified as a criminal misdemeanor. It is punishable with a fine of up to $5,000 or up to three years in prison. 

Sharing cannabis with other adults 21 and older is legal as long as the amount does not exceed the personal use amount and no money is exchanged. If the amount exceeds the lawful personal use amount or there is a money transaction, it can be classified as possession with intent to distribute. That could result in criminal charges, a fine of $5,000, or three years in prison. 

There are also restrictions on where it is legal to smoke. Smoking in public is a civil offense punishable by fines up to $250 on the first offense and up to $500 subsequently. The law also prohibits drivers from smoking in motor vehicles.

The new law allows for expungement of past cannabis possession charges. Individuals will be able to request expungement after successful completion of their sentence. The law also prohibits the Maryland Judiciary Case Search database from displaying case records where cannabis possession was the only charge.

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