Cannabis Laws in Maryland (2026): The Complete Legal Guide

Most people think they know the rules. Then they get a surprise fine or lose their job over a positive drug test. Maryland’s cannabis laws are actually pretty specific, and the penalties can hit hard if you don’t know what’s legal.

Here’s the deal. Adults can legally possess and use cannabis in Maryland. But there are limits, restrictions, and some serious consequences if you cross the line. Let’s break down exactly what you need to know.

What Is Legal Cannabis Use in Maryland?

Maryland legalized recreational cannabis on July 1, 2023. This came after voters approved a ballot question in November 2022 by a huge margin. The vote passed with over 67% approval.

Since then, adults 21 and older can legally buy and possess cannabis. Medical marijuana has been legal since 2014. Both programs now operate side by side.

The Maryland Cannabis Administration oversees everything. They regulate dispensaries, set product standards, and enforce the rules. Think of them as the state’s cannabis watchdog.

How Much Cannabis Can You Legally Possess?

Okay, this part is important. Maryland has specific limits on how much you can carry.

Adults 21 and older can possess up to 1.5 ounces of cannabis flower. That’s the dried plant material most people smoke. You can also have up to 12 grams of concentrated cannabis. This includes wax, shatter, and similar products.

For edibles and other products, the limit is 750 milligrams of THC total. So basically, read the labels on those gummies.

Sound complicated? It’s actually not. Just stay under 1.5 ounces of flower or 12 grams of concentrates and you’re good.

Medical marijuana patients have different rules. Their possession limits are set by their healthcare provider. This is based on their specific medical needs. So a medical card gives you more flexibility here.

Where Can You Use Cannabis?

You can use cannabis in private spaces. Your home is the most obvious choice. Other private property works too, as long as the owner allows it.

But public use is a different story. You cannot smoke or use cannabis in any public place. This includes parks, sidewalks, streets, bars, restaurants, and public transportation.

Public consumption carries a fine of up to $50 for a first offense. Second and later offenses can cost you up to $150. Not huge, but annoying.

Wait, it gets better. Maryland now allows on-site consumption lounges. These are licensed businesses where you can legally consume cannabis products. They started opening in 2025 under new legislation.

The lounges can serve edibles, beverages, and vaporized products. However, they currently can’t allow indoor smoking unless future laws change. You also can’t use cannabis in any motor vehicle, even as a passenger.

Wondering if this applies to you? If you’re in a car, keep the cannabis sealed and stored away.

Can You Grow Your Own Cannabis?

Yes, actually. Adults 21 and older can grow up to two mature cannabis plants per household. This became legal on July 1, 2023.

You can also make your own edibles and concentrates at home. A law signed in April 2025 expanded the home cultivation rules. But there’s a catch. You cannot use volatile solvents to make concentrates. These are dangerous chemicals that can explode.

Growing more than two plants is illegal. The penalties depend on how many plants you have. Even three plants over the limit can lead to criminal charges.

Pretty straightforward, right?

Cannabis and Driving: The Rules Are Strict

Here’s where things get serious. Driving under the influence of cannabis is illegal in Maryland. Always. No exceptions.

Many people assume this is legal now. They find out the hard way. It’s not.

Police officers can arrest you for cannabis DUI if they observe signs of impairment. They use field sobriety tests to check. Some officers are specially trained as Drug Recognition Experts.

Maryland doesn’t have a specific THC limit like some states do for alcohol. Instead, officers look for observable impairment. Red eyes, slow reactions, poor coordination, and failed sobriety tests all count.

A first offense DUI for cannabis carries harsh penalties. You could face jail time from two months up to one year. Fines range from $500 to $1,000. Your license can be suspended for up to 45 days. You’ll also need to complete a drug and alcohol education program.

If a minor was in your vehicle during the arrest, penalties double. Up to two years in jail and a $2,000 fine for a first offense with a kid in the car.

Second offenses are worse. You’re looking at up to two years in jail with a mandatory minimum of 48 hours. Fines can reach $2,000. License suspension goes up to 90 days.

Third offenses? Up to three years in jail, $3,000 in fines, and 18 months without a license. These penalties climb even higher if minors are present.

One important change: Police cannot stop or search your vehicle based solely on the smell of cannabis. But smell can still be used as one factor if they suspect impairment.

Honestly, this is the part most people miss. Just because cannabis is legal doesn’t mean you can drive high.

Cannabis and Employment: What You Should Know

This one surprises people. A lot.

Maryland employers can still drug test for cannabis. They can fire you or refuse to hire you for testing positive. Yep, even though recreational use is legal.

There are no state-level protections for employees who use cannabis off-duty. The 2023 legalization law didn’t include workplace provisions. Some cities are changing this. Annapolis, Baltimore, and Frederick County now ban pre-employment marijuana testing for most public employees.

But for private employers? They can enforce zero-tolerance drug policies. Even if you have a medical marijuana card, it doesn’t automatically protect you at work.

Most employers follow federal law, which still classifies cannabis as illegal. Safety-sensitive positions like transportation jobs have even stricter rules.

Not sure what counts as a violation? Ask your employer about their drug policy before you assume anything.

Some bills were introduced in 2024 to protect cannabis users from workplace discrimination. They all died in committee without a vote. So for now, your boss can fire you for using cannabis on your own time.

Penalties for Cannabis Violations

Stay with me here. These penalties matter.

Possessing more than 1.5 ounces but less than 2.5 ounces is a civil violation for adults. You’ll face a fine and possibly drug education classes. It’s not criminal, but it’s not free either.

Possession of more than 2.5 ounces becomes a criminal matter. Penalties depend on the amount. Large quantities can lead to felony charges.

Selling cannabis without a license is always illegal. No amount of “adult sharing” changes this. You can gift up to 1.5 ounces to another adult 21 or older without money changing hands. But selling, even small amounts, is a crime.

Possession of 50 pounds or more carries a minimum five-year prison sentence. Fines can reach $100,000. This is serious stuff.

Bringing cannabis into Maryland from another state? That’s trafficking. Penalties include up to 10 years in prison and $10,000 in fines for quantities over 5 kilograms.

One change from April 2025 helps some people. High-volume possession over 50 pounds is no longer a felony with mandatory minimums. It’s now a misdemeanor with a maximum 10-year sentence and/or $50,000 fine. Still serious, but less severe than before.

Minors and Cannabis: Zero Tolerance

Anyone under 21 cannot possess or use non-medical cannabis. Period.

Minors caught with 2.5 ounces or less face civil penalties. This includes fines, mandatory drug education, and possible treatment referrals. More than 2.5 ounces leads to criminal charges.

Parents and guardians need to know this. The state takes underage use seriously.

Cannabis Consumption Lounges and Events

Okay, this one’s important. Maryland now allows licensed cannabis consumption lounges. This is pretty new.

Lounges can serve single-serving cannabis products. Think beverages with no more than 5 milligrams of THC per serving. They can also serve edibles and allow vaping. They can operate as food service facilities too, meaning they can serve regular food alongside cannabis products.

No indoor smoking is allowed yet. That might change with future legislation, but for now, it’s off the table.

Cannabis events are also legal now. Organizers must register at least 60 days before the event. Events can last up to 48 hours or four consecutive days at the same location. All products sold must be lab-tested and properly labeled.

Social equity applicants got first access to licensing. This is part of Maryland’s effort to help communities hurt by past drug enforcement.

Medical Cannabis Rules

Medical cannabis works differently. Patients 18 and older with qualifying conditions can register with the Maryland Cannabis Administration. A certified healthcare provider must recommend cannabis treatment.

These providers include doctors, dentists, nurse practitioners, nurse midwives, and podiatrists. They must be registered with the state program.

Medical patients can possess amounts determined by their healthcare provider. This usually exceeds recreational limits. Patients under 18 need a caregiver to help them access medical cannabis.

Medical dispensaries can deliver cannabis to patients. This delivery option was extended to July 1, 2026 under recent legislation.

Medical use doesn’t protect you from DUI charges. You still can’t drive impaired, even with a prescription.

Cannabis Products and THC Limits

Maryland regulates how much THC products can contain. As of July 2025, cannabis products can’t have more than 0.5 milligrams of THC per serving. Package limits are 2.5 milligrams total THC.

Wait, that seems low, right? These limits apply to certain marketed products. They’re meant to prevent accidental overconsumption.

Violating these limits without a license can result in citations. Penalties reach up to $5,000 for businesses selling non-compliant products.

Taxes and Legal Sales

Maryland charges a 9% sales tax on recreational cannabis. This is the same rate that applies to alcohol. The state collected over $40 million in tax revenue in the first eight months after legalization.

You can only buy cannabis from licensed dispensaries. These businesses must follow strict regulations. Products must be lab-tested for safety and potency.

The state held a lottery in April 2024 for new social equity licenses. This created more business opportunities for people from communities affected by past drug laws.

Expungement and Criminal Records

This part can be tricky, honestly. Maryland has expanded its expungement laws for cannabis convictions. Low-level cannabis convictions, especially those covered by the 2023 executive clemency order, are automatically shielded from public view.

Legislation signed in April 2025 made the expungement process more accessible. It reduces penalties for high-volume possession and creates easier pathways to clear old records.

If you have an old cannabis conviction, you might qualify for expungement. This helps with housing, employment, and participating in the legal cannabis industry.

Federal Property and Federal Law

Hold on, this part is important. Cannabis remains illegal under federal law. You cannot possess cannabis on any federal property. This includes national parks, military bases, and federal buildings.

Federal employees and contractors face stricter rules. They can lose their jobs for cannabis use, even off-duty. The federal government doesn’t recognize state cannabis laws.

What Happens If You Break These Laws?

Let me break this down. Minor violations like public consumption result in fines. More serious violations like possession over the legal limit can lead to criminal charges.

Selling without a license is always prosecuted. Driving under the influence carries mandatory penalties including jail time, fines, and license suspension.

If you’re arrested, contact a lawyer immediately. Don’t try to handle it alone. Cannabis laws have a lot of nuances that affect your defense options.

How to Stay Legal and Avoid Problems

You’re not alone, this confuses a lot of people. Here’s what you need to do.

Keep possession under the legal limits. That’s 1.5 ounces of flower or 12 grams of concentrates. Never use cannabis in public or in vehicles. Always consume in private spaces where it’s allowed.

Don’t drive after using cannabis. Wait until you’re completely sober. There’s no safe amount for driving. If you grow plants at home, stick to two mature plants maximum. Don’t use dangerous chemicals to make concentrates.

Check your employer’s drug policy before assuming you’re protected. Many companies still prohibit cannabis use. If you’re on federal property or subject to federal rules, leave your cannabis at home.

Buy only from licensed dispensaries. Street dealers are illegal and products aren’t tested for safety. Keep cannabis stored securely away from children and pets.

Changes Coming in 2026

The landscape keeps evolving. More consumption lounges are opening throughout 2025 and 2026. The state is conducting a disparity study before holding a second business licensing lottery. This will examine discrimination against minority and women-owned businesses in the cannabis market.

Local jurisdictions are updating their zoning rules for cannabis businesses. Some areas are more permissive than others. The Maryland General Assembly might introduce new workplace protection bills. Previous attempts failed, but pressure is building to protect off-duty users.

Federal law changes could also affect Maryland. If cannabis gets rescheduled or descheduled federally, state rules might adjust.

Resources and Where to Get Help

The Maryland Cannabis Administration website has the most current information. They post updates on laws, regulations, and licensing. Visit cannabis.maryland.gov for official guidance.

If you need legal help, contact a Maryland criminal defense attorney who handles cannabis cases. They understand the nuances and can protect your rights.

For medical cannabis patients, the Maryland Medical Cannabis Commission provides resources. They can answer questions about qualifying conditions, finding providers, and getting a medical card.

If you have employment questions, consult with an employment lawyer. They can explain your rights and your employer’s policies.

Frequently Asked Questions

Can I smoke cannabis in my car if it’s parked?

No, you cannot smoke or use cannabis in any motor vehicle, even if it’s parked. This includes when you’re a passenger. Keep it sealed and stored.

Will my medical cannabis card protect me from getting fired?

No, Maryland employers can still fire you for testing positive for cannabis, even with a medical card. There are currently no state-level workplace protections.

Can I travel to other states with Maryland cannabis?

No, absolutely not. Crossing state lines with cannabis is federal trafficking. This is true even if you’re going to another legal state. Leave it in Maryland.

What if I’m pulled over with cannabis in my car?

Keep it sealed in the trunk or another area not accessible to the driver. Police can’t search based solely on smell, but they can if they have other reasons to suspect impairment or illegal activity.

Can I share cannabis with friends?

Yes, you can gift up to 1.5 ounces to another adult 21 or older without payment. But you can’t sell it, and the gift can’t be tied to another transaction.

What happens if I get caught with too much cannabis?

Over 1.5 ounces but under 2.5 ounces is a civil violation with fines and possible education requirements. Over 2.5 ounces can lead to criminal charges with jail time and larger fines.

Can police search my house if they smell cannabis?

They generally need a warrant. The smell alone usually isn’t enough anymore for a search, but circumstances vary. Consult a lawyer if this happens.

Are there different rules for concentrates versus flower?

Yes, you can possess up to 1.5 ounces of flower or 12 grams of concentrates. These are separate limits for different product types.

Final Thoughts

Now you know the basics. Maryland’s cannabis laws give adults freedom to use recreationally, but with clear boundaries. Stay under possession limits, don’t drive impaired, consume only in private spaces, and understand that your job might still prohibit use.

The rules continue to evolve. Stay informed about new legislation and local ordinances. When in doubt, look it up or ask a lawyer.

Don’t assume what’s legal in other states works here. Maryland has its own specific rules. Follow them, and you’ll avoid the headaches that come with violations.

References

1. Maryland Cannabis Administration – Official state cannabis regulatory agency – https://cannabis.maryland.gov/Pages/law.aspx
2. Maryland General Assembly – Cannabis Reform Act (HB 556/SB 516, 2023) – https://mgaleg.maryland.gov/
3. Maryland Statutes – Health-General Article § 13-3301 through § 13-3316 (Medical Cannabis) – https://mgaleg.maryland.gov/
4. Maryland Transportation Article § 21-902 – DUI and impaired driving laws – https://mgaleg.maryland.gov/
5. NORML Maryland – Cannabis laws and penalties information – https://norml.org/laws/maryland-penalties-2/
6. Maryland Office of the Comptroller – Adult use cannabis tax information – https://www.marylandcomptroller.gov/cannabis.html
7. Marijuana Policy Project – Maryland cannabis policy overview – https://www.mpp.org/states/maryland/
8. Maryland State Cannabis – 2025 cannabis law updates and lounges – https://marylandstatecannabis.org/