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Show meaning of legal words OFF Activate [Skip to main content](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#main-content)   [](https://www.peoples-law.org/)  [The Maryland People's Law Library](https://www.peoples-law.org/ "Home") Main Menu ##### Main navigation - [Home](https://www.peoples-law.org/) - [How Do I...?](https://www.peoples-law.org/cat/how-do-i "Expand menu How Do I...?") - [Evaluate My Situation](https://www.peoples-law.org/cat/how-do-i/evaluate-my-situation) - [Alternatives to Court](https://www.peoples-law.org/cat/how-do-i/alternatives-court) - [Get Help](https://www.peoples-law.org/cat/how-do-i/get-help) - [Legal Research](https://www.peoples-law.org/cat/how-do-i/legal-research) - [Start/Respond to a Case](https://www.peoples-law.org/cat/how-do-i/start-respond-case) - [Discovery and Evidence](https://www.peoples-law.org/cat/how-do-i/discovery-and-evidence) - [Prepare for Court](https://www.peoples-law.org/cat/how-do-i/prepare-court) - [Judgments](https://www.peoples-law.org/cat/how-do-i/judgments) - [Appeals](https://www.peoples-law.org/cat/how-do-i/appeals) - [Legal Services Directory](https://www.peoples-law.org/directory) - [Legal Clinic Calendar](https://www.peoples-law.org/calendar) - [Research Topics](https://www.peoples-law.org/topics) - [About](https://www.peoples-law.org/introduction-peoples-law-library) ##### Main navigation - [Home](https://www.peoples-law.org/) - [How Do I...?▼](https://www.peoples-law.org/cat/how-do-i "Expand menu How Do I...?") - [Evaluate My Situation](https://www.peoples-law.org/cat/how-do-i/evaluate-my-situation) - [Alternatives to Court](https://www.peoples-law.org/cat/how-do-i/alternatives-court) - [Get Help](https://www.peoples-law.org/cat/how-do-i/get-help) - [Legal Research](https://www.peoples-law.org/cat/how-do-i/legal-research) - [Start/Respond to a Case](https://www.peoples-law.org/cat/how-do-i/start-respond-case) - [Discovery and Evidence](https://www.peoples-law.org/cat/how-do-i/discovery-and-evidence) - [Prepare for Court](https://www.peoples-law.org/cat/how-do-i/prepare-court) - [Judgments](https://www.peoples-law.org/cat/how-do-i/judgments) - [Appeals](https://www.peoples-law.org/cat/how-do-i/appeals) - [Legal Services Directory](https://www.peoples-law.org/directory) - [Legal Clinic Calendar](https://www.peoples-law.org/calendar) - [Research Topics](https://www.peoples-law.org/topics) - [About](https://www.peoples-law.org/introduction-peoples-law-library) **[](https://www.peoples-law.org//node/49741/printable/print)** [Related Articles & Other Resources](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#block-relatedblock) ## Breadcrumb 1. [Criminal](https://www.peoples-law.org/cat/criminal) # Recreational Cannabis Use and Possession in Maryland Maryland voted to legalize recreational cannabis. Adults 21 and older will be allowed to possess, use, and grow small amounts of cannabis beginning July 1, 2023. Maryland legalized some amounts of cannabis use and possession. Under the [enabling legislation](https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0837/?ys=2022rs), adults 21 and older may possess, use, and grow cannabis. Marijuana is now referred to as cannabis by Maryland laws. Cannabis possession and use became legal on July 1, 2023. ## Topics on this page - [Penalties for possession of small amounts of cannabis](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#penalties) - [Resentencing](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#resentencing) - [When will cannabis become legal in Maryland?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#legal-date) - [Is there a limit on the amount of cannabis I can have?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#amount-limit) - [Can I grow cannabis at home?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#home-growing) - [Can I make cannabis products or concentrated cannabis at home?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#products) - [Can I sell cannabis?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#selling) - [Can I give cannabis to friends?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#sharing) - [Can I smoke cannabis in public?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#public-smoking) - [Will past marijuana possession charges be expunged?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#expungement) ## Civil and criminal penalties for possession of cannabis Maryland law defines possession amounts for "personal use" and "civil use." Beginning July 1, 2023, individuals at least age 21 may legally use and possess the personal use amount of cannabis. Possession of the personal use amount of cannabis by a individual younger than age 21, or possession of the civil use amount of cannabis are subject to civil penalties. - **"Personal Use" Possession** - Amounts: - Up to 1.5 ounces cannabis - Up to 12 grams concentrated cannabis - Cannabis products containing up to 750 mg strength delta-9-THC - Up to 2 cannabis plants - Penalty: A fine up to \$100 - **"Civil Use" Possession** - Amounts: - More than 1.5 ounces, but less than 2.5 ounces cannabis - More than 12 grams, but less than 20 grams concentrated cannabis - Cannabis products containing more than 750 mg, but less than 1250 strength delta-9-THC - Penalty: A fine up to \$250 Police must issue citations for the use or possession of the personal use or civil use amount of cannabis. Because these citations are not classified as crimes, possession of the personal use or civil use amounts does not result in arrest, jail time, or a criminal record. If a citation is issued to a person younger than 21, the court must summon the person for trial and may order drug treatment. Possession of more than the civil use amount of cannabis or cannabis products qualifies as a criminal misdemeanor. Read the Law: Md. Code, Criminal Law §§ [5-101](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-101&enactments=false), [5-601](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601&enactments=false) and [5-601.1](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601.1&enactments=false) ## Resentencing Individuals incarcerated for marijuana possession (charged under Criminal Law § 5-601) may apply for resentencing. Courts must grant applications for resentencing and resentence the person to time served. If the person is not serving another sentence, the person must be released from incarceration. Read the Law: [Md. Code, Criminal Procedure § 10–105.3](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-105.3&enactments=false), [Md. Code, Criminal Law § 5-601](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601&enactments=false) ## When will cannabis become legal in Maryland? As of July 1, 2023, possession and use of small amounts of cannabis and cannabis products will be legal for individuals at least 21 years old. Possession and use by individuals younger than age 21 is illegal and subject to civil penalties. ## Is there a limit on the amount of cannabis I can have? As of July 1, 2023, an adult over the age of 21 can legally possess up to the following amounts: 1. up to 1.5 ounces cannabis or 2. up to 12 grams concentrated cannabis or 3. cannabis products containing up to 750 milligrams of delta-9-THC or 4. up to 2 cannabis plants Possession in excess of the above amounts can be punishable by civil or criminal penalties, depending on the amount in question. Penalties for possession in excess of the limits: - **"Civil Use" Possession** - Amounts: - More than 1.5 ounces , but less than 2.5 ounces cannabis - More than 12 grams, but less than 20 grams concentrated cannabis - Cannabis products containing more than 750 mg, but less than 1250 strength delta-9-THC - Penalty: A fine up to \$250 - **Possession in excess of “Civil Use” amounts** - Amounts: - More than 2.5 ounces cannabis - More than 20 grams concentrated cannabis - Cannabis products containing more than 1250 strength delta-9-THC - Penalty: Criminal misdemeanor Read the Law: Md. Code, Criminal Law §§ [5-101](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-101&enactments=false), [5-601](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601&enactments=false) and [5-601.1](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601.1&enactments=false) ## Can I grow cannabis at home? Yes, adults are allowed to grow up to two cannabis plants. The plants must be out of the public view and secured so that they are not accessible by unauthorized individuals or individuals under the age of 21. No more than two cannabis plants can be grown per residence, regardless of the number of adults who reside at the residence. Cannabis plants may only be grown on property lawfully in the grower’s possession. A person is lawfully in possession of property if they own it or have a valid lease. If you are renting a property, your landlord may prevent you from growing cannabis plants. So, you may want to check your lease to see if it addresses cultivation. Additionally, a person may cultivate cannabis on property with the consent of the person in lawful possession (property owner or person leasing the property). Read the Law: [Md. Code, Criminal Law § 5-601.2](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601.2) ## Can I make cannabis products or concentrated cannabis at home? Yes, an adult over the age of 21 can legally manufacture cannabis products or concentrated cannabis in a private residence. The products can only be manufactured for personal use or adult sharing. The process used to manufacture the products can not involve the use of a volatile solvent that produces a flammable gas or vapor that could create the potential for fire or explosion. Read the Law: [Md. Code, Criminal Law § 5-603](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-603) ## Can I sell cannabis? No. Only licensed cannabis businesses can sell cannabis. Cannabis business licenses include those for dispensaries, growers, processors, incubator spaces, on-site consumption establishments, and micro licenses. Selling cannabis without the proper licensing is illegal and classified as a criminal misdemeanor punishable by up to three years imprisonment and/or a fine of up to \$5,000. Read the Law: Md. Code, Criminal Law §§ [5-601](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601&enactments=false), [5-602](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-602&enactments=false), and [5-607](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-607&enactments=false), [Md. Code, Alcoholic Beverages and Cannabis § 36-401](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gab&section=36-401&enactments=false) ## Can I give cannabis to friends? As of July 1, 2023, sharing of cannabis with another adult 21 years or older is allowed. The amount of cannabis shared must not exceed the amount defined as personal use and no money (or other remuneration) can be exchanged for the cannabis. Transfer of amounts in excess of the Personal Use amount or accepting payment for transferred amounts may qualify as possession with the intent to distribute, which is prohibited. Individuals charged with possession with the intent to distribute may be criminally charged and face penalties of three years imprisonment and/or a \$5000 fine. Maryland law also prohibits anyone without a cannabis license from distributing a product intended for human consumption or inhalation that contains more than 0.5 milligrams of THC or 2.5 milligrams of THC per package. A violator is guilty of a misdemeanor and, if convicted, is subject to a maximum \$5,000 fine. Read the Law: [Md. Code, Criminal Law § 5-602](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-602&enactments=false), [Md. Code, Alcoholic Beverages and Cannabis § 36-1102](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gab&section=36-1102&enactments=false) ## Can I smoke cannabis in public? Maryland’s law prohibits smoking of cannabis in specified locations, including public places. Smoking cannabis in a public place is a civil offense and may be penalized by up to a \$50 fine for a first offense. Subsequent offenses can incur fines up to \$150. The law also prohibits a driver from smoking cannabis in motor vehicles. Under Maryland law, licensed on-site consumption establishments are allowed to operate where individuals can smoke outdoors on the premises, vape or consume cannabis. Indoor smoking of cannabis or cannabis products is prohibited at on-site consumption establishments. On-site consumption establishments may only operate when approved by the county and, if applicable, the municipality, where the business is located. Counties and municipalities must issue a permit of license for the business and may adopt zoning and planning requirements for on-site consumption establishments. Additionally, Maryland law allows counties and municipalities to limit the the operation of on-site consumption establishments. Counties and municipalities may limit how cannabis can be consumed at on-site consumption establishments. For example, they can prohibit or restrict smoking or vaping of cannabis on the establishment premises. Read the Law: [Md. Code, Criminal Law § 5-601](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601&enactments=false), [Md. Code, Transportation § 21-903](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=21-903), Md. Code, Alcoholic Beverages and Cannabis [§ 36-101](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gab&section=36-101&enactments=false), [§ 36-401(c)(4)](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gab&section=36-401&enactments=false), [§ 36-407](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gab&section=36-407&enactments=false) ## Will past marijuana possession charges be expunged? Yes, but the expungement is not automatic. The new law allows individuals convicted of marijuana possession (under Criminal Law 5-601) to request an expungement after the successful completion of the sentence. [Learn more about expungement.](https://www.peoples-law.org/expungement-and-changing-your-criminal-record) The law also prohibits the Maryland Judiciary Case Search database from displaying case records where marijuana possession (under Criminal Law 5-601) was the only charge. Read the Law: Md. Code, Criminal Procedure [§ 10-110](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-110&enactments=false) and [10-111](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-111&enactments=false) [Case Search](https://mdcourts.gov/video/courthelp/case-search) from the Maryland Courts Source Web Services Librarian *Last Updated: Tue, 03/24/2026 - 11:55 am* **Is this legal advice?** This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney. The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. 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You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – [www.peoples-law.org](https://www.peoples-law.org/). © Maryland Thurgood Marshall State Law Library, 2026.” **[](https://www.peoples-law.org//node/49741/printable/print)** [Related Articles & Other Resources](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#block-relatedblock)  ## ASK A LAW LIBRARIAN Submit a legal information question to the Thurgood Marshall State Law Library [ASK QUESTION](https://www.peoples-law.org/question)  ## COURT HELP CENTER Free legal help with your civil matter. 8:30 am - 8:00 pm, Mon - Fri | | | | |---|---|---| | [](tel:410-260-1392) [Call](tel:410-260-1392) | [Chat](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland) | [](https://mdcourts.gov/html/selfhelpcenters/map.html) [In-Person](https://mdcourts.gov/html/selfhelpcenters/map.html) | ## Related articles - [Age of Consent](https://www.peoples-law.org/age-consent) - [Can the state take my stuff? Seizure and Civil Forfeiture of Property](https://www.peoples-law.org/can-state-take-my-stuff-seizure-and-civil-forfeiture-property) - [Children in Need of Supervision (CINS)](https://www.peoples-law.org/children-need-supervision-cins) - [Definition of 'Child' Under Maryland Criminal Law](https://www.peoples-law.org/definition-child-under-maryland-criminal-law) - [DUI/DWI](https://www.peoples-law.org/duidwi) - [Felony or misdemeanor](https://www.peoples-law.org/felony-or-misdemeanor) - [Filing Criminal Charges in Domestic Violence Cases](https://www.peoples-law.org/filing-criminal-charges-domestic-violence-cases) - [Frequently Asked Questions about Juvenile Expungement](https://www.peoples-law.org/frequently-asked-questions-about-juvenile-expungement) - [Juvenile Delinquency](https://www.peoples-law.org/juvenile-delinquency) - [Juvenile System & Juvenile Courts](https://www.peoples-law.org/juvenile-system-juvenile-courts) - [Steps in the Juvenile Record Expungement Process](https://www.peoples-law.org/steps-juvenile-record-expungement-process) - [The Crime of Child Neglect](https://www.peoples-law.org/crime-child-neglect) - [Tobacco Minimum Age](https://www.peoples-law.org/tobacco-vaping-e-cigarettes-minimum-age) - [Traffic Citations](https://www.peoples-law.org/traffic-citations) - [Using Baltimore City 911 to Report Crimes](https://www.peoples-law.org/using-baltimore-city-911-report-crimes) ## MD Court Resources - [Video - Case Search](https://mdcourts.gov/video/courthelp/case-search) ## External Resources - [Adult-Use Cannabis FAQs](https://cannabis.maryland.gov/pages/cannabisfaq.aspx) from the Maryland Cannabis Administration [](https://www.mdcourts.gov/lawlib) ##### Your Guide to Maryland Law - [Maryland Judiciary](https://www.mdcourts.gov/) - [Thurgood Marshall State Law Library](https://www.mdcourts.gov/lawlib/) - [County Law Libraries](https://mdcourts.gov/lawlib/using-library/for-librarians/maryland-law-libraries) - [Supreme Court of Maryland](http://www.courts.state.md.us/coappeals/index.html) - [Appellate Court of Maryland](http://www.courts.state.md.us/cosappeals/index.html) - [Circuit Court](http://mdcourts.gov/circuit/) - [District Court](http://mdcourts.gov/district/index.html) [Help us improve the site](https://www.peoples-law.org/help-us-improve) [Volunteer](https://www.peoples-law.org/volunteer) [Editor Login](https://www.peoples-law.org/user) [](https://www.peoples-law.org/question) .

Maryland voted to legalize recreational cannabis. Adults 21 and older will be allowed to possess, use, and grow small amounts of cannabis beginning July 1, 2023. Maryland legalized some amounts of cannabis use and possession. Under the [enabling legislation](https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0837/?ys=2022rs), adults 21 and older may possess, use, and grow cannabis. Marijuana is now referred to as cannabis by Maryland laws. Cannabis possession and use became legal on July 1, 2023. ## Topics on this page - [Penalties for possession of small amounts of cannabis](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#penalties) - [Resentencing](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#resentencing) - [When will cannabis become legal in Maryland?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#legal-date) - [Is there a limit on the amount of cannabis I can have?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#amount-limit) - [Can I grow cannabis at home?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#home-growing) - [Can I make cannabis products or concentrated cannabis at home?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#products) - [Can I sell cannabis?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#selling) - [Can I give cannabis to friends?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#sharing) - [Can I smoke cannabis in public?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#public-smoking) - [Will past marijuana possession charges be expunged?](https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland#expungement) ## Civil and criminal penalties for possession of cannabis Maryland law defines possession amounts for "personal use" and "civil use." Beginning July 1, 2023, individuals at least age 21 may legally use and possess the personal use amount of cannabis. Possession of the personal use amount of cannabis by a individual younger than age 21, or possession of the civil use amount of cannabis are subject to civil penalties. - **"Personal Use" Possession** - Amounts: - Up to 1.5 ounces cannabis - Up to 12 grams concentrated cannabis - Cannabis products containing up to 750 mg strength delta-9-THC - Up to 2 cannabis plants - Penalty: A fine up to \$100 - **"Civil Use" Possession** - Amounts: - More than 1.5 ounces, but less than 2.5 ounces cannabis - More than 12 grams, but less than 20 grams concentrated cannabis - Cannabis products containing more than 750 mg, but less than 1250 strength delta-9-THC - Penalty: A fine up to \$250 Police must issue citations for the use or possession of the personal use or civil use amount of cannabis. Because these citations are not classified as crimes, possession of the personal use or civil use amounts does not result in arrest, jail time, or a criminal record. If a citation is issued to a person younger than 21, the court must summon the person for trial and may order drug treatment. Possession of more than the civil use amount of cannabis or cannabis products qualifies as a criminal misdemeanor. Read the Law: Md. Code, Criminal Law §§ [5-101](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-101&enactments=false), [5-601](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601&enactments=false) and [5-601.1](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601.1&enactments=false) ## Resentencing Individuals incarcerated for marijuana possession (charged under Criminal Law § 5-601) may apply for resentencing. Courts must grant applications for resentencing and resentence the person to time served. If the person is not serving another sentence, the person must be released from incarceration. Read the Law: [Md. Code, Criminal Procedure § 10–105.3](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-105.3&enactments=false), [Md. Code, Criminal Law § 5-601](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601&enactments=false) ## When will cannabis become legal in Maryland? As of July 1, 2023, possession and use of small amounts of cannabis and cannabis products will be legal for individuals at least 21 years old. Possession and use by individuals younger than age 21 is illegal and subject to civil penalties. ## Is there a limit on the amount of cannabis I can have? As of July 1, 2023, an adult over the age of 21 can legally possess up to the following amounts: 1. up to 1.5 ounces cannabis or 2. up to 12 grams concentrated cannabis or 3. cannabis products containing up to 750 milligrams of delta-9-THC or 4. up to 2 cannabis plants Possession in excess of the above amounts can be punishable by civil or criminal penalties, depending on the amount in question. Penalties for possession in excess of the limits: - **"Civil Use" Possession** - Amounts: - More than 1.5 ounces , but less than 2.5 ounces cannabis - More than 12 grams, but less than 20 grams concentrated cannabis - Cannabis products containing more than 750 mg, but less than 1250 strength delta-9-THC - Penalty: A fine up to \$250 - **Possession in excess of “Civil Use” amounts** - Amounts: - More than 2.5 ounces cannabis - More than 20 grams concentrated cannabis - Cannabis products containing more than 1250 strength delta-9-THC - Penalty: Criminal misdemeanor Read the Law: Md. Code, Criminal Law §§ [5-101](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-101&enactments=false), [5-601](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601&enactments=false) and [5-601.1](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601.1&enactments=false) ## Can I grow cannabis at home? Yes, adults are allowed to grow up to two cannabis plants. The plants must be out of the public view and secured so that they are not accessible by unauthorized individuals or individuals under the age of 21. No more than two cannabis plants can be grown per residence, regardless of the number of adults who reside at the residence. Cannabis plants may only be grown on property lawfully in the grower’s possession. A person is lawfully in possession of property if they own it or have a valid lease. If you are renting a property, your landlord may prevent you from growing cannabis plants. So, you may want to check your lease to see if it addresses cultivation. Additionally, a person may cultivate cannabis on property with the consent of the person in lawful possession (property owner or person leasing the property). Read the Law: [Md. Code, Criminal Law § 5-601.2](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601.2) ## Can I make cannabis products or concentrated cannabis at home? Yes, an adult over the age of 21 can legally manufacture cannabis products or concentrated cannabis in a private residence. The products can only be manufactured for personal use or adult sharing. The process used to manufacture the products can not involve the use of a volatile solvent that produces a flammable gas or vapor that could create the potential for fire or explosion. Read the Law: [Md. Code, Criminal Law § 5-603](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-603) ## Can I sell cannabis? No. Only licensed cannabis businesses can sell cannabis. Cannabis business licenses include those for dispensaries, growers, processors, incubator spaces, on-site consumption establishments, and micro licenses. Selling cannabis without the proper licensing is illegal and classified as a criminal misdemeanor punishable by up to three years imprisonment and/or a fine of up to \$5,000. Read the Law: Md. Code, Criminal Law §§ [5-601](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601&enactments=false), [5-602](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-602&enactments=false), and [5-607](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-607&enactments=false), [Md. Code, Alcoholic Beverages and Cannabis § 36-401](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gab&section=36-401&enactments=false) ## Can I give cannabis to friends? As of July 1, 2023, sharing of cannabis with another adult 21 years or older is allowed. The amount of cannabis shared must not exceed the amount defined as personal use and no money (or other remuneration) can be exchanged for the cannabis. Transfer of amounts in excess of the Personal Use amount or accepting payment for transferred amounts may qualify as possession with the intent to distribute, which is prohibited. Individuals charged with possession with the intent to distribute may be criminally charged and face penalties of three years imprisonment and/or a \$5000 fine. Maryland law also prohibits anyone without a cannabis license from distributing a product intended for human consumption or inhalation that contains more than 0.5 milligrams of THC or 2.5 milligrams of THC per package. A violator is guilty of a misdemeanor and, if convicted, is subject to a maximum \$5,000 fine. Read the Law: [Md. Code, Criminal Law § 5-602](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-602&enactments=false), [Md. Code, Alcoholic Beverages and Cannabis § 36-1102](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gab&section=36-1102&enactments=false) ## Can I smoke cannabis in public? Maryland’s law prohibits smoking of cannabis in specified locations, including public places. Smoking cannabis in a public place is a civil offense and may be penalized by up to a \$50 fine for a first offense. Subsequent offenses can incur fines up to \$150. The law also prohibits a driver from smoking cannabis in motor vehicles. Under Maryland law, licensed on-site consumption establishments are allowed to operate where individuals can smoke outdoors on the premises, vape or consume cannabis. Indoor smoking of cannabis or cannabis products is prohibited at on-site consumption establishments. On-site consumption establishments may only operate when approved by the county and, if applicable, the municipality, where the business is located. Counties and municipalities must issue a permit of license for the business and may adopt zoning and planning requirements for on-site consumption establishments. Additionally, Maryland law allows counties and municipalities to limit the the operation of on-site consumption establishments. Counties and municipalities may limit how cannabis can be consumed at on-site consumption establishments. For example, they can prohibit or restrict smoking or vaping of cannabis on the establishment premises. Read the Law: [Md. Code, Criminal Law § 5-601](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=5-601&enactments=false), [Md. Code, Transportation § 21-903](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=21-903), Md. Code, Alcoholic Beverages and Cannabis [§ 36-101](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gab&section=36-101&enactments=false), [§ 36-401(c)(4)](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gab&section=36-401&enactments=false), [§ 36-407](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gab&section=36-407&enactments=false) ## Will past marijuana possession charges be expunged? Yes, but the expungement is not automatic. The new law allows individuals convicted of marijuana possession (under Criminal Law 5-601) to request an expungement after the successful completion of the sentence. [Learn more about expungement.](https://www.peoples-law.org/expungement-and-changing-your-criminal-record) The law also prohibits the Maryland Judiciary Case Search database from displaying case records where marijuana possession (under Criminal Law 5-601) was the only charge. Read the Law: Md. Code, Criminal Procedure [§ 10-110](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-110&enactments=false) and [10-111](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-111&enactments=false) [Case Search](https://mdcourts.gov/video/courthelp/case-search) from the Maryland Courts