Frequently Asked Questions (FAQ): Maryland Cannabis Laws 

As of July 1, 2023, adults ages 21 and over can use legally purchased or home-grown recreational cannabis in the state of Maryland. You can visit the Maryland Cannabis Administration website for in-depth information about the new law.  

 

How much cannabis can I have? 

• Adults 21 and older can possess up to 1.5 ounces of cannabis flower, 12 grams of concentrated cannabis, or a total amount of cannabis products that does not exceed 750 mg THC.¹ These amounts are also called the “personal use amount.” 

Where can I use cannabis? 

• You can only use cannabis on private property. Smoking cannabis in public spaces is illegal (the same way as cigarettes).¹ This means you can’t use it on the street or in public parks. 

• You cannot use cannabis in restaurants and bars – including in their outdoor areas. 

• If you rent, it’s important to know that landlords are allowed to prohibit using cannabis on their property.¹

Where can I buy cannabis? 

• You can buy cannabis at licensed cannabis dispensaries. You can find a list of licensed dispensaries on the state’s Maryland Cannabis Administration website.  
• You will need to bring a government-issued ID when purchasing cannabis evidencing that you are 21 years or older.²

What about edibles? 

• Edibles may be purchased at licensed dispensaries. You can also make edibles at home yourself using legally purchased or legally home-grown cannabis.²
• For businesses that are not licensed dispensaries, adding cannabis or CBD to any foods is still considered “adulterating foods” and will still be illegal as of July 1. ³

Can I grow my own cannabis? 

• People 21 and over can grow up to two plants in their home (out of view of the public). Note that each household can grow up to two plants, regardless of the number of adults ages 21 or older living in the home. ¹ ²

• Registered medical patients can cultivate up to four plants. Even if more than one registered medical patient lives in the same home, the limit is four per household. ²

• If you rent, your landlord can prohibit growing cannabis on their property. 

What about driving while using cannabis or under the influence? 

• Driving while using cannabis is illegal (just like driving while using alcohol). Driving while under the influence of cannabis is also illegal and can potentially result in a driving while under the influence (DUI) arrest.¹

• You may have heard that Maryland police cannot use smell alone as a reason to pull someone over while driving. This is true, based on House Bill 1071, which was signed into law by Governor Moore. However, remember that it’s still illegal to drive while under the influence of cannabis.⁴

• Cannabis can affect our brains in ways that make it unsafe to drive.⁵ It can 

  • Slow reaction time 

  • Slow decision-making abilities 

  • Negatively affect our coordination 

  • Distort our perception 

What does the new law mean for people who have previous cannabis-related convictions? 

• The new law establishes a process for expunging all cases in which possession of less than the newly legal personal use amount is the only charge.

• Expungement will not be automatic. People will need to request that their record be expunged and go through a process. You can learn more about how to request an expungement at the Maryland Courts website.⁶

Where will the taxes go? 

Cannabis products are subject to a 9% sales tax (the same as alcohol). These taxes will go to a few things, including but not limited to: 

• First, the tax revenue will go to the “Cannabis Regulation and Enforcement Fund.” This money will be used to cover the costs of operating the Maryland Cannabis Administration and administering and enforcing the new cannabis laws.² After that, the leftover money will go to the following: 

• 35% to the Community Reinvestment and Repair Fund (for fiscal years 2024-2033).² This fund will go to “community–based organizations that serve communities determined by the Office of the Attorney General to have been the most impacted by disproportionate enforcement of the cannabis prohibition.”⁷ You can read more about this fund here. 

• 5% to counties and municipalities, which shall be allocated to each county based on the percentage of revenue collected from that county.² 

• 5% to the “Cannabis Public Health Fund,” which will be used to address the health effects associated with the legalization of adult–use cannabis.²

• 5% to the “Cannabis Business Assistance Fund” (for fiscal years 2024-2028). This fund will be used to assist small, minority–owned, and women–owned businesses entering the adult–use cannabis industry.² Information for interested residents can be found here.² 

• Any leftover money remaining after the above distributions will go to the state’s General Fund.

Health Effects of Cannabis 

Although adult-use recreational cannabis use is now legal, it is important to remember that using cannabis can impact our health. While scientists are still studying cannabis’ effects on our health, health effects can include but are not limited to: 

• Brain development: Cannabis use can have harmful effects on young, developing brains. This means it can be harmful for children and teenagers. Make sure to store cannabis products (including gummies, which might look like candy) safely and out of reach of children.⁸

• Lung health: It can come with risks to lung health, like cancer, coughing, and chronic bronchitis. 

• Mental health: Cannabis use has been linked to increased incidence of anxiety and depression. It has also been linked to psychiatric disorders like schizophrenia. 

• Pregnancy and breast feeding: Studies suggest that using cannabis while pregnant may be linked to future problems with attention, memory, problem-solving skills, and behavior for the child. THC and other chemicals from cannabis can be passed to a baby through breast feeding. 

• Go slow: If you haven’t used cannabis in a while, go slow – this isn’t the pot of the 1960s and 70s! 

• You can read more about the health effects of cannabis at the Centers for Disease Control and Prevention website. 

References: 

1. Cannabis Reform, Md. Ch. 26 (2022). 

2. Cannabis Reform, Md. Ch. 254/255 (2023). 

3. Maryland Department of Health. (2023). CBD in Foods.  

4. Criminal Law and Procedure – Cannabis – Fines for Smoking in Public, Stops, and Searches, Md. Ch. 802 (2023). 

5. Centers for Disease Control and Prevention. (2023). What You Need to Know About Marijuana Use and Driving. 

6. Md. Article – Criminal Procedure - §10–110. 

7. Md. Article Health –  General. §13–4601.  

8. Centers for Disease Control and Prevention. (2023). Health Effects of Marijuana.