Maryland Cannabis Laws

Maryland Cannabis Laws: History, Legalization, and Current Rules

Updated October 11, 2026.

Maryland permits both medical cannabis and adult-use cannabis. Its modern system developed in stages: a limited medical framework, decriminalization of small amounts, the opening of medical dispensaries, and voter-approved adult-use legalization. Today, adults age 21 and older can possess a personal-use amount, purchase from licensed dispensaries, and cultivate a limited number of plants.

Legalization also brought changes to business licensing, taxes, and criminal records. Medical patients retain separate access rules, while possession above the adult-use limit and unauthorized sales can still lead to penalties.

Maryland Cannabis Laws at a Glance

The possession categories come from Maryland Criminal Law §5-101. Medical cultivation and tax protections appear in §36-302. The Comptroller confirms the current 12% adult-use tax.

How Maryland Cannabis Laws Changed Over Time

2013–2014: Building a Medical Cannabis Framework

Maryland’s initial 2013 medical framework centered on compassionate-use programs operated through academic medical centers. That model did not immediately create a broadly accessible dispensary system.

Legislation in 2014 expanded access beyond patients participating in academic medical-center research. The resulting program established a system of licensed growers, processors, dispensaries, and testing laboratories, along with provider certification and patient registration. The Maryland State Archives’ commission history documents this transition.

2014: Small-Amount Possession Became a Civil Offense

Senate Bill 364 made possession or use of less than 10 grams of marijuana a civil offense rather than a criminal offense, effective October 1, 2014. It established citations, fines, and education or assessment requirements in specified circumstances.

This was decriminalization: people could still face consequences for possessing cannabis, and commercial recreational sales remained unauthorized. The change reduced the criminal consequences of small-amount possession without establishing a legal adult-use market. See the official SB364 legislative record.

2017: Medical Cannabis Became Available

Medical cannabis became available to patients in December 2017. This marked the practical start of access through Maryland’s licensed medical dispensary system, several years after the initial legislation.

The distinction between authorization and availability matters: passing a medical law did not mean patients could immediately buy regulated products. Licensing, cultivation, testing, and dispensary operations had to be established first.

2022–2023: Voters Approved Adult Use

In the November 2022 general election, voters approved Question 4, authorizing cannabis use by adults 21 and older beginning July 1, 2023. Related legislation created a transition period and expanded the amounts handled through civil penalties.

During the 2023 legislative session, lawmakers passed the Cannabis Reform Act, House Bill 556 and Senate Bill 516. Governor Wes Moore signed it on May 3, 2023. The act supplied the licensing and commercial framework needed for adult-use retail sales and transferred regulatory responsibilities to the Maryland Cannabis Administration.

On July 1, 2023, adult-use possession and licensed retail sales began. Existing dispensaries could convert to serve both medical patients and adult-use customers. The governor’s implementation announcement also describes the Office of Social Equity and community reinvestment measures.

2024–2026: Record Relief and Tax Changes

On June 17, 2024, Governor Moore issued pardons covering approximately 175,000 convictions for misdemeanor cannabis possession and certain cannabis-related paraphernalia offenses. In June 2025, he announced pardons for another 6,938 simple-possession convictions.

The 2025 Expungement Reform Act required pardoned cannabis-possession offenses to be removed from public view by January 31, 2026. A pardon, removal from public case search, and expungement are distinct forms of relief; people checking a particular record should confirm which process applies. Sources include the governor’s pardon overview and Maryland Courts’ expungement guidance.

Separately, the adult-use cannabis sales tax increased from 9% to 12% on July 1, 2025. Older pages describing a 9% rate reflect the original tax rather than the rate applicable in October 2026.

Possession Limits and Penalties

Maryland separates lawful personal-use amounts from a larger “civil use amount.” The following table addresses ordinary nonmedical possession; registered medical patients follow their certification and program rules.

These are possession thresholds, rather than authorization to sell cannabis. Distribution offenses involve separate rules. The applicable penalties are set out in Criminal Law §5-601.

Buying Cannabis, Visiting Maryland, and Sharing

Adults must use the licensed retail system and show government-issued photo identification establishing that they are at least 21. Maryland residency is not required for adult-use purchases. An out-of-state medical card does not independently provide access to Maryland’s medical program.

Adults may share a personal-use amount without payment. A transfer tied to money, goods, or services does not qualify as lawful adult sharing. Retail sales require appropriate licensing. See §5-602.

Maryland authorization does not permit taking cannabis across state lines, including into nearby jurisdictions where cannabis is also legal. Visitors should use the Maryland Cannabis Administration’s adult-use guidance when planning purchases.

Medical Cannabis Rules

Patients register with the Maryland Cannabis Administration and obtain a written certification from a registered provider. Eligible conditions include severe or chronic pain, severe nausea, seizures, persistent muscle spasms, glaucoma, PTSD, wasting-related conditions, and other severe chronic conditions for which other treatments have been ineffective.

Minor patients can participate through the medical system; patients under 18 need a parent or legal guardian caregiver. Adult-use legalization did not eliminate the medical program or its separate eligibility requirements. See the administration’s patient registration instructions and medical patient FAQs.

The standard 30-day supply is 120 grams of usable cannabis or 36 grams of THC in medical cannabis products, subject to the patient’s authorized allotment. The 36-gram figure measures THC, rather than the total weight of a concentrate product. Patients should check their certification and tracked allotment with the dispensary. The administration explains the calculation in its dispensary FAQs.

Home Cultivation and Personal Manufacturing

Adults 21 and older may cultivate two plants per residence. The limit does not multiply with the number of adult residents. Qualifying medical patients 21 and older may cultivate up to four plants, with a four-plant household maximum.

Plants must be out of public view, including ordinary views from neighboring private property. Cultivators must secure plants against unauthorized access and access by people under 21. Cultivation requires lawful possession of the property or consent from the person lawfully possessing it. These requirements appear in §5-601.2.

Current law also permits adults 21 and older to manufacture a personal-use amount of cannabis products or concentrates at a private residence for personal use or adult sharing, provided the process does not use a volatile solvent. §5-603 identifies solvents such as butane, hexane, and propane.

Public Smoking, Driving, and Property Rules

Public cannabis smoking is prohibited. The maximum civil fine is $50 for a first finding of guilt and $150 for subsequent findings. Private-property permission, rental terms, hotel rules, and workplace policies also affect where cannabis may be used.

Impaired driving remains illegal. Drivers and passengers may not use cannabis while driving. Lawful possession does not authorize consumption in a moving vehicle or establish permission to use cannabis at work.

Hemp and Intoxicating Cannabinoids

Maryland regulates intoxicating hemp products through specific THC thresholds. Generally, products intended for consumption or inhalation containing more than 0.5 milligrams of THC per serving or 2.5 milligrams per package require cannabis licensing and compliance with manufacturing, testing, packaging, and labeling standards.

The statute covers delta-8, delta-9, and delta-10 THC regardless of source. It contains a limited exception for qualifying hemp tinctures with at least a 15:1 CBD-to-THC ratio, no more than 2.5 milligrams THC per serving, and no more than 100 milligrams per package, subject to testing requirements. A “hemp-derived” label alone does not establish lawful retail sale. See §36-1102.

This article provides general legal information. For a specific purchase, license, court record, or legal dispute, consult the applicable Maryland statutes and current agency guidance.