Maryland’s marijuana laws let adults 21 and older possess up to 1.5 ounces of flower, buy from licensed dispensaries, and grow up to two plants per household, but public use, driving while impaired, unlicensed sales, and going over the possession limits all still carry penalties. Recreational use became legal on July 1, 2023, after voters approved a constitutional amendment and the legislature passed the Cannabis Reform Act to build the framework around it.1Maryland Comptroller. Adult Use Cannabis Information
How Much You Can Legally Possess
Maryland sorts possession into three tiers, and the gap between them is smaller than most people realize.
The Personal Use Amount
Up to 1.5 ounces of flower, 12 grams of concentrate, or cannabis products containing no more than 750 milligrams of THC is fully legal for anyone 21 or older.2Maryland General Assembly. Maryland Code Criminal Law 5-601 – Possessing or Administering Controlled Dangerous Substance No fine, no citation, no record.
The Civil Use Amount
Amounts above personal use but below 2.5 ounces of flower, 20 grams of concentrate, or 1,250 milligrams of THC in products are a civil offense. The fine is up to $250, and there is no criminal record.2Maryland General Assembly. Maryland Code Criminal Law 5-601 – Possessing or Administering Controlled Dangerous Substance The statute does not set a higher fine for repeat civil violations.
Criminal Possession
Anything above the civil use amount is a criminal misdemeanor with up to six months in jail, a fine of up to $1,000, or both.2Maryland General Assembly. Maryland Code Criminal Law 5-601 – Possessing or Administering Controlled Dangerous Substance The jump from a $250 civil fine to potential jail time is only a fraction of an ounce, which is where people get caught out.
Under 21
Someone younger than 21 who has the personal use amount faces a civil fine of up to $100. The civil use amount brings a fine of up to $250. In either case, a court may order drug education and a substance abuse assessment.2Maryland General Assembly. Maryland Code Criminal Law 5-601 – Possessing or Administering Controlled Dangerous Substance Anything over the civil use limit is a criminal misdemeanor regardless of age.
Buying From a Dispensary
Dispensaries licensed by the Maryland Cannabis Administration are the only legal retail source.3Maryland General Assembly. Maryland Code Alcoholic Beverages and Cannabis 36-401 – Cannabis Business Licenses Every purchase requires a valid government-issued photo ID proving you are at least 21: a driver’s license, passport, military ID, or tribal card.4Maryland Cannabis Administration. Adult-Use Cannabis FAQs
Retail sales carry a 12% state cannabis sales and use tax, which went up from 9% on July 1, 2025.5Maryland Office of the Comptroller. Maryland Collects $26.8 Million in Cannabis Tax Revenue July Through September 2025 Registered medical patients pay no tax on purchases made with a valid card, up to their certified amount.6Maryland Office of the Comptroller. Tax Alert Cannabis Questions and Answers for Individuals
Delivery
Only licensed micro dispensaries can deliver cannabis in Maryland. As of July 1, 2024, standard dispensaries can no longer deliver directly to consumers or to medical patients and caregivers, and any standard dispensary that wants to offer delivery has to partner with a micro dispensary.7Maryland Cannabis Administration. Interim Report on Micro Dispensaries Ability to Safely and Securely Deliver Cannabis in Maryland Delivery vehicles have to use locked, concealed storage, drivers verify ID and age at the door, and each micro dispensary can only deliver within its licensed region.
Growing at Home
A household may grow no more than two cannabis plants total, no matter how many adults live there.8Maryland General Assembly. Maryland Code Criminal Law 5-601.2 – Cannabis Not Cultivated in Public View, Reasonable Precautions Taken, Limits on Growers, Violations as Misdemeanor Two roommates who are both 21 still share that same two-plant cap.
Plants must be kept out of public view and secured so no one under 21 can get to them. Any cultivation violation, whether you grow too many, leave them visible, or fail to secure them, is a misdemeanor with up to three years in prison, a fine of up to $5,000, or both.9Maryland General Assembly. Maryland Code Criminal Law 5-601.2 That is a much harsher penalty than what you would face for possessing a few extra ounces. Landlords and property owners can also ban home growing on their property, and a lease that forbids it overrides your state-law right to grow.
Where You Can Actually Use It
Smoking cannabis in any public place is a civil offense, with a fine of up to $50 for a first violation and up to $150 for each one after.2Maryland General Assembly. Maryland Code Criminal Law 5-601 – Possessing or Administering Controlled Dangerous Substance Public places include sidewalks, parks, bars, and restaurants. Legal consumption happens on private property, either your own or somewhere you have permission to use it.
Federal property inside Maryland still runs on federal law, where cannabis remains a controlled substance. Using or carrying it on a military base, in a federal building, or in a national park can bring federal charges. Employers and other private property owners keep full authority to ban cannabis on their premises and enforce drug-free workplace policies, including firing an employee for a positive test.
Driving After Using Cannabis
Impaired driving law applies the same way it does to alcohol. You may not drive while so impaired by any drug or combination of drugs that you cannot operate a vehicle safely.10Maryland General Assembly. Maryland Code Transportation 21-902 – Driving While Impaired or Under the Influence A first conviction can bring up to a year of incarceration, a fine of up to $1,000, and 12 points on your license. No one in the vehicle may consume cannabis while the vehicle is on a public road, whether it is moving or parked.
The odor of cannabis, on its own, is no longer enough for an officer to search you or your car. Under Maryland Criminal Procedure section 1-211, an officer cannot search a person, vehicle, or vessel based solely on the smell of burnt or unburnt cannabis, on possession or suspected possession of the personal use amount, or on the presence of cash near cannabis without other signs of intent to distribute.11Maryland General Assembly. Maryland Code Criminal Procedure 1-211 Officers can still investigate active impairment, such as bloodshot eyes, slurred speech, or erratic driving.
Gifting Between Adults
An adult 21 or older can give cannabis to another adult 21 or older, as long as the amount stays within the personal use limits and no money, goods, or services change hands.12Maryland Cannabis Administration. Guide to Responsible Cannabis Consumption for Adults 21+ The last part matters. “Gifting” schemes where a business sells an overpriced item and throws in “free” cannabis are not legal transfers under Maryland law.
Selling Without a License
Unlicensed sales and possession with intent to distribute are felonies. Possession with intent to distribute less than 50 pounds carries up to five years in prison and a fine of up to $15,000. For 50 pounds or more, the minimum climbs to five years with a fine of up to $100,000, and a second distribution conviction adds a mandatory minimum of two years.
Penalties get worse near schools. Distributing cannabis within 1,000 feet of an elementary or secondary school, or on a school vehicle, can mean up to 20 years and a $20,000 fine for a first offense; a subsequent school-zone offense brings a minimum of five years and fines up to $40,000. Using or soliciting a minor to help distribute cannabis carries up to 20 years and a $20,000 fine.
The Medical Program Still Matters
Maryland’s medical cannabis program runs alongside the adult-use market, and for regular users the tax exemption alone is worth the paperwork.6Maryland Office of the Comptroller. Tax Alert Cannabis Questions and Answers for Individuals Registration runs through the Maryland Cannabis Administration’s OneStop Portal and requires a photo ID, proof of Maryland residency, and a Social Security number. After approval, you visit a registered provider for a written certification. A physical ID card costs $25, with a fee waiver for patients on Maryland Medical Assistance or in the VA Maryland Health Care System, and you can print a free paper copy.13Maryland Cannabis Administration. Registration for Adult Patients
Purchases are tracked on a rolling 30-day cycle. The standard certified amount is 120 grams of dried flower or 36 grams of THC products over that period, though a provider can certify a different amount for medical need.14Maryland Cannabis Administration. Rules for Purchasing Limits Maryland does not recognize out-of-state medical cards, with one narrow exception for non-residents receiving inpatient care at an MCA-accredited medical facility here.15Maryland OneStop. Maryland Cannabis Administration
Clearing an Old Cannabis Conviction
If you had a cannabis possession conviction from before July 1, 2023, and no other charges were part of that case, the Criminal Justice Information System was required to automatically expunge it by July 1, 2024. You did not need to file anything.16Maryland Courts. Expungement of Cannabis Charges
Two limits are worth knowing. Automatic expungement removes the record from CJIS but does not destroy the court’s own case file, which still exists at the courthouse. And if your cannabis charge was part of a case with other charges, automatic processing may not have covered it. Under the Cannabis Reform Act, a possession-of-cannabis charge does not count against the “unit rule” that normally blocks expungement when any charge in the case is ineligible, so the cannabis charge itself can still be expunged even when others cannot. That exception does not apply to possession with intent to distribute.16Maryland Courts. Expungement of Cannabis Charges
Shielding by Petition
For cannabis-related convictions that did not qualify for automatic expungement, the Maryland Second Chance Act allows a petition to shield the record from public view; law enforcement and certain government agencies can still see it. Eligible offenses include possession of a controlled dangerous substance and possession of drug paraphernalia.17Maryland Courts. Guide for Shielding of MD Second Chance Act Records You must wait at least three years after finishing your entire sentence, including probation and parole, and you cannot have pending criminal charges. A new conviction during the waiting period resets your eligibility. Each person gets one shielding petition in a lifetime, there is no filing fee, and you file it in the circuit or District Court where the case concluded.