Maryland Marijuana Laws: Possession, Home Grow, and Driving

Maryland’s marijuana laws let adults 21 and older possess up to 1.5 ounces of cannabis flower, grow up to two plants per household, and buy from licensed dispensaries, but the rules tighten quickly once you step past the personal use amount, use in public, drive, or bring cannabis onto federal property. Recreational use has been legal since July 1, 2023 under the Cannabis Reform Act, and the framework has shifted since then, including a tax increase in July 2025.

How Much You Can Have

Maryland sorts possession into three tiers, and the tier decides whether you walk away, pay a fine, or face jail.

The “personal use amount” is fully legal for adults 21 and older: up to 1.5 ounces of flower, 12 grams of concentrate, or cannabis products containing no more than 750 milligrams of delta-9-THC.¹ No fine, no citation.

The “civil use amount” covers anything above that, up to 2.5 ounces of flower, 20 grams of concentrate, or 1,250 milligrams of THC in products. That’s a civil offense with a fine of up to $250, and it doesn’t count as a criminal conviction.¹²

Above the civil threshold, possession becomes a misdemeanor punishable by up to six months in jail, a fine of up to $1,000, or both.¹

Gifting is allowed between adults 21 and older, but only within the personal use limit and only if no money, goods, or services change hands.³ Bundling a “free” gift with a paid product is a sale, not a gift.

Buying at Licensed Dispensaries

The only lawful source for recreational cannabis is a dispensary licensed by the Maryland Cannabis Administration. You need a valid government-issued photo ID showing you’re at least 21: driver’s license, state ID card, passport, military ID, or tribal card.⁴ The state maintains a locator for licensed retailers.⁵ Buying from an unlicensed seller remains criminal for both sides of the transaction.

You don’t have to be a Maryland resident. Out-of-state adults with a qualifying ID can buy at the same limits and prices as residents.⁴ Taking cannabis across state lines is a federal offense, even when the destination has also legalized.

Since July 1, 2025, recreational purchases carry a 12% state sales and use tax, up from the 9% rate that took effect at legalization.⁶ Registered medical patients are exempt.

Delivery is legal. Micro-dispensary licensees can run a delivery service without a storefront, and delivery orders follow the same age and quantity rules as walk-in purchases.

Growing at Home

Adults 21 and older can grow up to two cannabis plants at their primary residence. The cap is per household, not per person, so two adult roommates share the same two plants.⁷

Plants must be out of public view, out of view from neighboring properties, and inaccessible to anyone under 21. Violating any part of the cultivation rules is a misdemeanor carrying up to three years in prison, up to a $5,000 fine, or both.⁷ A third plant, or a plant visible through a window, is not a minor infraction.

Renters need the property owner’s permission before growing. Cultivation is only allowed on property you lawfully possess or with the consent of the person who does.⁷ A lease can prohibit growing entirely, and violating that term can lead to eviction.

Where You Cannot Use It

Legal possession is not legal use everywhere. Smoking or consuming cannabis in public places, including streets, sidewalks, and parks, is a civil offense with fines that escalate for repeat violations. Consuming inside a vehicle is prohibited for drivers and passengers, similar to how Maryland handles open alcohol containers.

Federal property is a separate problem. Marijuana remains a Schedule I controlled substance under federal law for most purposes. In April 2026, the Justice Department moved FDA-approved marijuana products and marijuana products regulated by a state medical license into Schedule III, but the broader rescheduling of marijuana itself is still pending.⁸ Until that changes, possessing or using recreational cannabis on federal land in Maryland, including national parks, federal buildings, and military installations, remains a federal crime. State legalization offers no protection there.

Driving After Using Cannabis

Maryland has no per se THC blood level that automatically makes you guilty of impaired driving. The statute uses an impairment standard: you cannot drive while “so far impaired by any drug” that you cannot drive safely. Having a legal right to use cannabis is not a defense if the substance made you incapable of driving safely.⁹

Because no numeric threshold exists, cases turn on officer observation, field sobriety testing, and drug recognition evaluations. Blood or urine tests can confirm THC is present, but metabolites remain detectable for days or weeks after use, so lab results are a weak proxy for impairment at the moment of driving. Expect prosecutions to lean on testimony rather than a single number.

Medical Cannabis Program

The medical program runs alongside recreational sales and offers real advantages if you qualify. Registered patients can purchase up to 120 grams of dried flower or 36 grams of THC product in a rolling 30-day period, depending on their provider’s certification.¹⁰ Those two limits are combined, not stacked: a patient buys within the flower limit or within the THC product limit for a given 30 days, not both. A provider can also certify more or less than the standard amount.

To qualify, you need a written certification from a registered healthcare provider for a qualifying condition such as chronic pain, PTSD, or glaucoma. Registration goes through the state’s OneStop portal. A physical patient ID card is optional and costs $25 if you want one, though qualifying Medicaid and Veterans Affairs enrollees can get it at no cost.¹¹ A free paper copy is available after approval.¹²

Registered patients are exempt from the 12% sales and use tax up to the amount their provider certifies.¹³ For a regular buyer, the tax savings alone can pay for the certification.

Maryland does not honor medical cards from other states. Out-of-state patients buy from the recreational side and pay recreational tax.¹⁴

Your Job and Drug Testing

Legalization changed the criminal law. It did not change employment law. Maryland has no statute preventing employers from disciplining or firing employees for off-duty recreational cannabis use. A drug-free workplace policy is enforceable, and a positive THC test can cost you your job even if the use happened days earlier at home.

Medical patients have slightly more room. Maryland’s fair employment practices law prohibits disability discrimination, so a patient using cannabis for a qualifying condition could potentially raise a discrimination claim if fired solely for off-duty medical use that doesn’t affect job performance. That said, the state does not require employers to accommodate medical cannabis use, and safety-sensitive employers have especially broad authority. If your employer tests, assume a positive result carries consequences.

Guns and Cannabis

Federal law bars anyone who is “an unlawful user of or addicted to any controlled substance” from possessing, purchasing, or receiving a firearm.¹⁵ Because marijuana remains federally controlled, cannabis users, recreational or medical, fall within that prohibition regardless of Maryland law.

Buying from a licensed dealer requires ATF Form 4473, which asks whether you are an unlawful user of marijuana or other controlled substances. Answering “no” while using cannabis is a federal felony carrying up to $250,000 in fines or up to 10 years in prison. The form explicitly notes that state legalization does not change the federal answer.

Federal guidance has treated holding a medical cannabis card as grounds to deny a firearms purchase even without proof of active use. The disqualification runs one year from the last use, card expiration, or card relinquishment. Anyone who owns guns or plans to should weigh this before registering as a patient or buying from a dispensary.

Clearing an Old Cannabis Conviction

Legalization included pathways to clear prior cannabis records, and the path depends on the charge.

Automatic expungement, possession only. Records with a cannabis possession charge issued before July 1, 2023 and no other charges in the case were scheduled for automatic expungement from the Maryland Criminal Justice Information System by July 1, 2024. That means the charge no longer appears on a standard background check, but the court file itself may still exist.¹⁶
Petition-based expungement, possession. Possession convictions are eligible for expungement immediately after you finish your sentence, including probation. Possession is exempt from the “unit rule,” so you can expunge a possession charge even if other charges in the same case aren’t eligible.¹⁶
Petition-based expungement, possession with intent to distribute. These become eligible three years after completion of the sentence, including probation, parole, or mandatory supervision. Unlike simple possession, they remain subject to the unit rule: if another charge in the case is ineligible, the distribution charge cannot be expunged either.¹⁶

You cannot petition while you are a defendant in a pending criminal case. To file, complete the appropriate court form and submit it to the clerk of the court where the case was decided. The Maryland Court Help Center offers free assistance with the forms and filing at 410-260-1392.¹⁶

1
Maryland General Assembly. Maryland Code Criminal Law 5-601 – Possessing or Administering Controlled Dangerous Substance
2
Maryland General Assembly. Maryland Code Criminal Law 5-601.1 – Citation for Civil Use or Personal Use Amount of Cannabis
3
Maryland Cannabis Administration. Guide to Responsible Cannabis Consumption for Adults 21+
4
Maryland Cannabis Administration. Adult-Use Cannabis FAQs
5
Maryland Cannabis Administration. Dispensary Locator
6
Comptroller of Maryland. Maryland Collects 26.8 Million in Cannabis Tax Revenue July Through September 2025
7
Maryland General Assembly. Maryland Code Criminal Law 5-601.2 – Cannabis Not Cultivated in Public View – Reasonable Precautions Taken – Limits on Growers – Violations as Misdemeanor
8
United States Department of Justice. Justice Department Places FDA-Approved Marijuana Products and Products Containing Marijuana Subject to a Qualifying State-issued License in Schedule III
9
Maryland General Assembly. Maryland Code Transportation 21-902 – Driving While Under the Influence or While Impaired
10
Maryland Cannabis Administration. How Much Cannabis Can I Purchase Today?
11
Maryland OneStop. Adult Patient Registration
12
Maryland Cannabis Administration. Registration for Adult Patients
13
Comptroller of Maryland. Cannabis Questions and Answers for Individuals
14
Maryland Cannabis Administration. Patient FAQ
15
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
16
Maryland Courts. Expungement of Cannabis Charges