is weed legal in maryland

Is Weed Legal In Maryland: Full Guide

Table of Contents

Known for blue crabs and Old Bay seasoning, Maryland is a destination for seafood lovers. There’s plenty more to love in this New England state where so much of America’s history was formed. Did you know that the Star Spangled Banner was written here? And now, you can sing about our nation’s freedoms while puffing on a joint. Here’s everything you need to know about getting high in the Old Line State.

Is Weed Legal in Maryland? Straight to the point.

  • Recreational THC: Yes, beginning July 1, 2023
  • Medical THC: Yes
  • CBD: Yes
  • Delta-8: Yes

Medical Weed Laws

In 2014, House Bill 881 legalized medical marijuana in the state of Maryland. The program was set to be governed by the Maryland Medical Cannabis Commission (MMCC). Patients who are 18 years old or older who meet the requirements may not have to adhere to the same rules other than those who are under 18 years old. For example, a minor patient must have at least one caregiver at all times who is registered with MMCC.

Patients can buy a 30-day supply of 36 grams of THC or 120 grams of usable cannabis (mostly dried flower). If the patient’s purchase is greater than or less than this limit, the patient’s provider may certify the patient in writing. The 30-day cycle runs on a rolling basis rather than on a monthly basis.

In Maryland, the following conditions, among others, meet the requirements for a medical cannabis card:

  • Anorexia
  • Autism
  • Immune disorder
  • Cancer
  • HIV
  • PTSD
  • Nausea
  • Anxiety
  • Cachexia
  • Glaucoma
  • Drug Dependence
  • Seizures (including epilepsy)
  • Extreme pain
  • Spasms of muscles (including multiple sclerosis)

Other health issues that have been deemed appropriate by licensed medical professionals and are directly related to one’s quality of life may also qualify as a qualifying medical condition. In addition to the aforementioned medical conditions, individuals must also demonstrate their Maryland residency. For this purpose, they must present legitimate identification to the MMCC, such as a state identification card or a driver’s license.

Recreational Weed Laws

Question 4 on the ballot was approved by the Maryland electorate on November 8, 2022, legalizing marijuana in the state. Residents 21 years old and older will be able to legally possess up to 1.5 ounces of cannabis and/or 12 grams of cannabis concentrates, as well as grow up to two cannabis plants in their homes for personal use as of July 1, 2023. 

While greater quantities will continue to be subject to the existing criminal penalties, possession of amounts between 1.5 ounces and 2.5 ounces will be subject to civil fines.

Is Weed Decriminalized in Maryland?

Marijuana use has been somewhat decriminalized in the state. Decriminalization typically entails no jail time or criminal record for the initial possession of a small amount for personal use. The actions are handled similarly to a minor traffic infraction.

Cannabinoid Variants

In addition to regulated THC and marijuana-derived cannabinoids, cannabis consumers may enjoy several alternative cannabinoids derived from hemp. However, these items are sold outside of dispensary channels and do not have equal legality in all states. Here’s how Maryland views hemp-derived cannabinoids. 

Is CBD legal in Maryland?

The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products. 

The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution.

Although there are restrictions, the Farm Bill does legally protect the production of CBD. Every CBD product made available for sale must be made from hemp and have a Delta-9 THC content of less than 0.3%. The use and distribution of CBD may be subject to additional restrictions in some states, which have chosen to regulate it independently. “Is CBD legal in Maryland?” is a common question. The answer is yes!

Is Delta-8 legal in Maryland?

In Maryland, as well as many other states in the United States, Delta-8 THC is legal so long as it complies with rules established under the 2018 Farm Bill. Maryland has specifically legalized all hemp products with an acceptable level of Delta 9-THC in accordance with state law, which is in line with federal law. 

Is Delta-10 legal in Maryland?

Yes, Delta-10 THC is legal in Maryland. Much like Delta-8, Delta-10 is often derived from hemp and infused into products like vape pens, joints, edibles, and tinctures. So long as the final product contains less than 0.3% Delta-9 THC, it is legal.

Are THC-O and other THC variants legal in Maryland?

In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023. 

The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids. 

The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers. 

For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.

Are HHC and HHC-O legal in Maryland?

Tetrahydrocannabinol, also known as THC, is a class of naturally occurring cannabinoids. Despite the fact that other states have outlawed HHC and HHC-O due to the lab-produced THC isomers, they are both legal in Maryland. Similar to Deltas-8 and 10, HHC occurs in such minute amounts that it needs to be extracted to produce significant quantities for product infusion.

Cultivation Laws

Adults will be able to legally cultivate up to two cannabis plants in their homes for personal use as of July 1, 2023. A medical card holder may legally cultivate up to two cannabis plants in their home for medical use currently. An MMCC license is required in order to grow more cannabis. 

There will be 15 cultivator licenses granted to supply the state’s dispensaries. Although the commission has released the names of the 15 pre-approved growers, no official licenses to cultivate medical cannabis have been given out. The pre-approved organizations are currently completing Stage Two of the licensing procedure, which entails thorough background checks and legal requirements. Once compliance with the regulatory requirements is complete, the Commissioners will vote for licensure in a public meeting.

To apply for a grower license, you must fill out a Medical Cannabis Grower License Application with the MMCC, pay the $2,000 application fee, and submit the required documents listed on the application.

Depending on how much marijuana is produced and other factors that could indicate that the marijuana was being grown for purposes other than strictly personal use, cultivation in Maryland is punished as either simple possession or possession with intent to deliver. See more information about penalties for excess cultivation below.

Where to Buy Weed in Maryland

If you’re looking to stock up on cannabis in Maryland, there are a few options to consider. 


In Maryland, there are currently 811 dispensaries. Only people with medical cards are currently permitted to legally shop at dispensaries. People aged 21 and over will be able to buy from Maryland’s dispensaries as of June 1, 2023.


Dispensaries may offer delivery services to patients and caregivers as well as sell or distribute medical marijuana in dried flower or processed form at this time.

Direct to Consumer

At this time direct to consumer is not legal in Maryland. As of June 1, 2023, you may purchase marijuana from a licensed dispensary and may even be able to get it delivered if you choose a place that provides delivery. However, direct-to-consumer is still not disclosed as legal or illegal, so it’s best to stick with what you know is legal.

Black Market

Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.

General FAQ

Where can you smoke weed in Maryland? 

You may only consume marijuana products in the comfort of your own home if you have a medical marijuana card. When marijuana use for recreational purposes is legal, you can still consume those products at home without facing the consequences of breaking the law.

Can you smoke weed in public in Maryland? 

This one is a hard no! You cannot smoke weed in public anywhere in Maryland, even as a medical marijuana patient.

When was weed legalized in Maryland?

Maryland legalized medical marijuana in 2014. Voters approved recreational marijuana in 2022, with the first legal sales set to begin in July 2023.

Punishment for Illegal Acts FAQ

What are the penalties for selling, gifting, transporting, or importing weed?

In Maryland, a dispensary license is required in order to sell, give, transport, or import cannabis.
If you are caught selling, gifting, or transporting, you can be charged with possession with intent to distribute, which is a felony. The quantity you are caught with affects how you are charged and may change your sentencing. First offenders who are caught with less than 50 lbs can face up to 5 years in prison and a $15,000 fine. If you are caught with 50 lbs or more, your jail sentence could be doubled in addition to up to a $100,000 fine. 

What is the penalty for selling to a minor?

If convicted of a separate misdemeanor, an adult who delivers marijuana or drug paraphernalia to a minor who is at least three years younger than the person is subject to a fine of no more than $15,000 and a term of imprisonment of no more than eight years.

What is possession with the intent to sell?

Possession with intent to distribute is when you have more cannabis than you reasonably consume in excess of legal limits.

Maryland classifies possession of marijuana with the intent to distribute as a felony, punishable by up to five years in prison and a fine of no more than $15,000. If someone is found to be in possession of 50 pounds or more of marijuana (acts committed within the previous 90 days may be added together), they will face a minimum 5-year sentence in prison and a maximum fine of $100,000.

Intentionally possessing marijuana with the intent to distribute it while operating a school vehicle, while on school property owned by or leased to an elementary school, or within 1,000 feet of such property is a felony punishable by up to 20 years in prison and a $20,000 fine for the first offense, and up to 40 years in prison and a $40,000 fine for subsequent offenses. In addition to any other convictions, these penalties apply. If the offender has a prior conviction for possession with the intent to distribute, a 2-year minimum sentence is mandated.

When is possession still a crime?

Marijuana is classified as a controlled hallucinogen under Schedule I in Maryland. In Maryland, it is a civil offense to have less than 10 grams in simple possession (possession without the intent to distribute); the maximum fine for a first offense is $100; for a second offense, $250; and for a third offense, $500. 

Possession of marijuana weighing between 10 grams and 50 pounds or less is considered a misdemeanor, punishable by up to a year in jail and a fine of no more than $1,000. The minimum sentence for marijuana possession involving 50 pounds or more is five years in prison, and the maximum fine is $100,000. Cannabis-related offenses are punishable by civil fines of up to $500.

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