Updates to Maryland's Marijuana Possession Law

Maryland recently made significant changes in the area of marijuana law. Due to the passage of a referendum in the November 2022 election, as of July 1, 2023, it will be legal, under certain conditions, to possess and use recreational marijuana. However, cannabis remains illegal federally, which may include federal enclaves within, and adjacent to, Maryland, and so it will be important to exercise extreme caution if using and/or possessing cannabis.

Many people may incorrectly believe that traveling by car, train, or plane from one locale to another that has analogous local legalization laws does not carry the potential for criminal prosecution. However, there are significant areas in the law that still may land an individual in federal or state prison if traveling with cannabis, and so it is important to consult with an attorney before making any decisions about traveling with cannabis.

Here is a broad overview of Maryland’s new laws toward recreational marijuana use.

Overview of Maryland's New Cannabis Possession Law

Starting July 1, 2023, individuals aged 21 and older will be permitted to possess up to two plants for personal use, up to 12 grams of concentrates for personal use, and up to 1.5 ounces for personal use with no penalty.

It is important to be mindful that it is still a felony that carries the potential for significant prison time to distribute cannabis, or possess with the intent to distribute cannabis, under certain circumstances. In certain scenarios, it may also still be legal for law enforcement to confiscate and keep your property under civil asset forfeiture laws. It is also illegal to drive while cannabis is impacting an individual’s ability to drive.

Keep an eye out for the fine details.

Going Over the Legally Allowed Amount

Possessing more than 1.5 ounces may subject an individual to civil penalties and/or criminal penalties, based on the amount possessed and whether the possession was for personal use or for distribution.

Be mindful of where you keep and store your cannabis and make sure to keep all cannabis away from those who may not yet legally possess cannabis, particularly minors, as there may be criminal charges that might result from minors and others being given, or having access to, cannabis.

Growing and Selling Cannabis in Maryland

Individuals are free to cultivate up to two marijuana plants at home, so long as it is for personal use only.

Sellers must also be officially licensed by the State of Maryland.

Matthew Penick Law Is Here to Help

At Matthew Penick Law, we recognize the impact of changes on our state’s citizens. We are committed to keeping close tabs on the various updates and alterations due to these changes, as well as the behavior of our law enforcement. We understand that it takes some time for a new law properly settle.

Our lawyers will strive to ensure your rights remain intact while navigating any legal challenges you may face involving drug possession or other related matters. We are here to provide sound legal advice so that you know where you stand within this ever-changing landscape.

If you have questions or concerns about a drug possession charge, our firm is here to help. Schedule time with our team by contacting us online or calling us at (410) 618-0863.