Recreational Cannabis Will Be Legal in Maryland, Effective July 1, 2023

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Patricia Tsipras

April 4, 2023

Maryland voted to amend its constitution on November 11, 2022, to allow the possession and consumption of recreational marijuana, effective July 1, 2023.

Personal Use Amount:  Adults, 21 years or older, may possess and consume 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 Tetrahydrocannabinol (or THC, which is known for its psychoactive effects).  This amount is known as the “personal use amount.”

Cultivating Cannabis:  Adults, 21 years or older, may lawfully cultivate up to two plants in their home, out of public view.  Likewise, a household may cultivate a maximum of two plants, regardless of how many adults live in the residence.

Where You May Consume Cannabis in Maryland:  Cannabis use will be limited to private homes or residences.  However, restrictions may apply for adults living in multi-unit or rented housing.  Consumption is prohibited in any public place or in any motor vehicle.

Cannabis Remains Unlawful at the Federal Level:  Maryland is one of at least 20 states and the District of Columbia that has legalized adult-use cannabis.  However, it remains unlawful to transport cannabis across state lines.  Cannabis also remains unlawful at the federal level under the Federal Controlled Substances Act of 1970.  Thus, interstate transport is prohibited, as is possession on federal land (including federal buildings, national parks, military bases, etc.), even in states that have legalized cannabis.

Impact on Medical Cannabis:  Legalization of adult-use cannabis will not directly impact the medical cannabis program.  Patients may continue to obtain medical cannabis from licensed dispensaries.

Other impacts of the November 2022 ballot referendum:  The November 2022 ballot referendum also:

• establishes a process for expunging all cases in which possession of less than 10 grams of cannabis is the only charge
• effective January 1, 2023, increases, from 10 grams to 2.5 ounces, the amount of cannabis that a person may possess that is subject to a civil fine rather than criminal penalty
• requires data collection and studies on cannabis use, impaired driving, and other health and safety issues
• establishes a new Cannabis Public Health Advisory Council, which must study and make recommendations to the General Assembly regarding cannabis regulation
• creates three new funds: (1) a public health fund to address health effects related to legalizing adult cannabis use; (2) a business assistance fund to increase participation in the cannabis industry by small, minority, and women-owned businesses; (3) a community reinvestment and repair fund, which provides monies to communities disproportionately impacted by cannabis prohibition and enforcement.

Employer Takeaways:  The referendum does not address cannabis use or impairment in the workplace.  Thus, adults remain subject to any existing laws and workplace policies relating to substance abuse and drug screening.

This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice.  Always consult an attorney with specific legal issues.