Recreational cannabis is legal in Maryland for adults 21 and older. Possession, home use, and retail purchases from state-licensed dispensaries became lawful on July 1, 2023, after voters approved Question 4 and the General Assembly passed implementing legislation. The legal answer to “is recreational cannabis legal in Maryland” is yes, but with firm quantity caps, location rules, and penalties that kick in the moment you cross the line.
How Much You Can Have
Maryland law sets a “personal use amount” that an adult 21 or older can legally possess or buy: up to 1.5 ounces of cannabis flower, up to 12 grams of concentrate (vapes, wax, shatter, and similar), or products containing up to 750 milligrams of delta-9-THC (edibles, drinks, tinctures, capsules).1Maryland Cannabis Administration. Adult-Use Cannabis FAQs The same limits apply whether you’re carrying, storing, or purchasing.
There is a second tier called the “civil use amount.” It covers more than 1.5 but no more than 2.5 ounces of flower, more than 12 but no more than 20 grams of concentrate, and more than 750 but no more than 1,250 milligrams of THC in products.2Maryland Courts. Cannabis Reform Supplement Possession in that band is not a crime, but it does carry a fine. Anything above the civil ceiling is a criminal offense.
Where You Can Use It
Cannabis use is restricted to private homes and private property.3Maryland Cannabis Administration. Smoke-free Spaces Smoking or consuming in any public place is illegal, including parks, playgrounds, streets, sidewalks, bars, restaurants, public transportation, and indoor workplaces.1Maryland Cannabis Administration. Adult-Use Cannabis FAQs
Using cannabis in a motor vehicle is also prohibited, whether you’re driving or riding as a passenger.4Maryland Cannabis Administration. Drugged Driving Because cannabis is still illegal federally, you cannot possess or use it on any federal property in Maryland, including national parks and military installations.1Maryland Cannabis Administration. Adult-Use Cannabis FAQs
Renters and people in homeowners associations should not assume they are in the clear at home. Landlords, property managers, and HOAs can prohibit cannabis use on their properties, so check the lease or association rules first.3Maryland Cannabis Administration. Smoke-free Spaces
Driving Under the Influence
Driving while impaired by cannabis is illegal, and the rule applies equally to recreational users and registered medical patients.4Maryland Cannabis Administration. Drugged Driving Maryland does not set a per se THC blood threshold the way some states do for alcohol. Officers rely on observed impairment, field sobriety testing, and drug recognition evaluations. A cannabis DUI carries the same range of consequences as an alcohol DUI, including license suspension, fines, and jail time.
Growing at Home
Adults 21 and older can grow cannabis at home, but the caps are tight. No more than two plants per household, regardless of how many adults live there.5Maryland General Assembly. Maryland Code Criminal Law 5-601.2 That is a per-residence limit, not a per-person one.
Plants must be kept out of public view, including from adjacent private property viewed without binoculars or other optical aids. You also have to take reasonable steps to keep them away from anyone under 21, such as growing in an enclosed, locked space. You can only grow on property you lawfully possess or with the owner’s written consent, which means a landlord can prohibit cultivation entirely.5Maryland General Assembly. Maryland Code Criminal Law 5-601.2
Breaking any of the cultivation rules is a misdemeanor punishable by up to three years in prison, a fine of up to $5,000, or both. That applies whether the violation is too many plants, inadequate security, or growing without permission.
Gifting Cannabis
You can give cannabis to another adult 21 or older if the amount is within the personal use limits and no money, goods, or services change hands in connection with the transfer.6Maryland Cannabis Administration. Guide to Responsible Cannabis Consumption for Adults 21+ The last part is where people get caught. Bundling a “gift” of cannabis with the purchase of a sticker, T-shirt, or anything else turns it into a sale, and selling without a license is a crime.
Buying at a Dispensary
All legal retail sales run through dispensaries licensed by the Maryland Cannabis Administration (MCA), which regulates the entire supply chain from cultivation through retail.7Maryland OneStop. Cannabis Business License Application – Social Equity Bring a valid government-issued photo ID showing you’re at least 21. Maryland dispensaries serve both residents and out-of-state visitors.
A 9% sales and use tax applies to adult-use purchases, the same rate Maryland charges on alcoholic beverages.8Comptroller of Maryland. Adult Use Cannabis Information Medical cannabis patients with a valid MCA registration may see different tax treatment and access to products not carried on the adult-use menu.
Penalties for Going Over the Line
Penalties scale with how far past the legal limits you go, and the step from civil fine to criminal record is smaller than many people assume.
- Civil use amount (1.5 to 2.5 ounces of flower, 12 to 20 grams of concentrate, or 750 to 1,250 milligrams of THC in products): civil offense, fine up to $250.9Maryland General Assembly. Maryland Code Criminal Law 5-601
- Criminal possession (more than 2.5 ounces of flower, more than 20 grams of concentrate, or more than 1,250 milligrams of THC): misdemeanor, up to six months in jail, up to $1,000 fine, or both.9Maryland General Assembly. Maryland Code Criminal Law 5-601
- Smoking in public: civil offense, fine up to $50 for a first violation and up to $150 for a subsequent one.9Maryland General Assembly. Maryland Code Criminal Law 5-601
- Cultivation violations: misdemeanor, up to three years in prison, up to $5,000 fine, or both.5Maryland General Assembly. Maryland Code Criminal Law 5-601.2
- Unlicensed distribution or possession with intent to distribute: more severe criminal penalties, with felony exposure for larger quantities.
Federal Law Still Applies
Cannabis remains a Schedule I controlled substance under federal law. A proposed rule to reschedule it to Schedule III was published by the Department of Justice in May 2024, but as of late 2025 the rulemaking is still underway and awaiting an administrative law hearing.10The White House. Increasing Medical Marijuana and Cannabidiol Research Even a move to Schedule III would not make cannabis fully legal federally the way Maryland’s law does at the state level.
The gap matters in practical ways. You cannot carry cannabis across state lines, even between two legal states. Possession on federal property in Maryland, including national parks, military bases, and federal courthouses, can lead to federal charges. Residents of federally subsidized housing remain prohibited from using cannabis regardless of state law. The federal classification also keeps most major banks and credit unions from serving cannabis businesses, which is why many Maryland dispensaries run largely on cash or specialized payment processors.
Employment Protections Are Limited
Legalization did not create job protections for recreational users in Maryland. Employers can maintain drug-free workplace policies, test for THC, and act on the results. Some states have passed laws shielding workers from discipline for lawful off-duty cannabis use; Maryland has not enacted comparable protections for recreational users as of 2026.
Workers in federally regulated, safety-sensitive positions such as commercial drivers, pilots, and transit operators remain subject to Department of Transportation drug-testing rules that prohibit cannabis use entirely. In any job, showing up impaired is grounds for discipline or termination. Legal to buy and use at home does not mean consequence-free at work.
Clearing Old Cannabis Convictions
Certain possession charges from before July 1, 2023, qualify for automatic expungement from the Maryland Criminal Justice Information System, provided the case carried no other charges.11Maryland Courts. Expungement Part 7 Cannabis Tip Sheet Automatic expungement clears the state criminal database but does not remove the records held by the court itself.
If your case does not qualify for automatic expungement, you can petition the court. For simple possession, you are eligible immediately after finishing your sentence, including probation. For possession with intent to distribute, the waiting period is three years after completing your sentence, parole, or supervised release.11Maryland Courts. Expungement Part 7 Cannabis Tip Sheet The usual “unit rule” that blocks expungement when other non-eligible charges sit in the same case does not apply to simple cannabis possession, so you can clear the cannabis conviction even if other charges in the case stay on your record. People currently incarcerated for cannabis possession may also apply for resentencing.