Marijuana Legalization in Maryland

Marijuana leaf and a background with fireworks have a dark and light green filter. July 1, 2023 is in a yellow rectangle over a square with "Know Your Rights Marijuana."

Recreational marijuana is legal in Maryland as of July 1, 2023.

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Maryland legislators passed two bills to legalize marijuana during the 2022 Maryland General Assembly: HB 837 starts to address racially biased marijuana enforcement, and HB 1 was a ballot measure.

HB 837 does some pretty amazing things, like establishing a Community Reinvestment and Repair Fund to bring tax revenues directly to communities most impacted by the "war on marijuana," allowing expungement of records for possession with intent to distribute after three years, automatic expungement of records for simple possession of marijuana, allowing for up to two homegrown plants per household, and increasing the allowed personal amount from 10 grams to 1.5 ounces.

During the 2023 Maryland General Assembly, legislators passed HB 1071 / SB 51, a bill that prohibits a law enforcement officer from initiating a stop or a search of a person or motor vehicle based solely on the alleged smell of marijuana. The bill also explicitly includes the “exclusionary rule,” which bars any evidence obtained in violation of this statute from being admitted at trial. This rule will help deter law enforcement from conducting illegal stops and searches.

VIDEOS

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Marijuana Odor Stop & Search Interview – Ron Williams

Hear Ron Williams tell his story of police stopping and searching him based on the alleged smell of marijuana.

The police stopping and searching anyone based solely on the alleged smell of marijuana is unacceptable. It is routinely used to infringe on individuals’ right to privacy, which allows the police to justify racial profiling. In Maryland, police stop Black drivers more frequently than any other race, and probable cause to search is used to justify 67 percent of searches.

More in this series

CANNABIS ADVOCACY TOOLKIT

An Unprecedented Opportunity to Shape Reparations Policy in Maryland

Collage with group photo of protesters advocating for the end of the "war on drugs." The center is a Black person with their fist raised, looking at the camera. The protesters are holding signs. Cutouts of marijuana are in the image.

This toolkit is a conceptual resource for community advocates in Maryland who are working to ensure that racial justice is centered as cannabis (marijuana) is legalized and tax dollars are distributed from the newly legal cannabis market. The toolkit also offers a framework and insights to advocates from other states working to ensure reparations is at the core of cannabis legalization where you live.

Get the toolkit

The smell of marijuana and the stain of racism

Commentary

Advocates are pressing for a bill that would remove marijuana odor as the basis for reasonable suspicion for a police investigation. Stock.adobe.com photo by Alixandria Chen.

"Did we know we were lying about the drugs? Of course we did.” — John Ehrlichman, Nixon’s former aide.

This intentional smear framing and more than 50 years of propaganda spewed by the media and politicians has not only allowed law enforcement to unfairly target and criminalize Black people, but it has also seeped deep into our subconscious: the idea that Black people are inherently criminal. Understanding this, we must be intentional about unlearning and rejecting this notion.

Read the commentary

Can Marijuana and Racial Justice Coexist?

Podcast

Thinking Freely ACLU of Maryland Podcast

In this Thinking Freely episode, we'll examine that question and see if communicty reparations are possible for those communities most harmed by the "war on drugs" – a war whose ramifications are still felt today.

Starting on July 1, 2023, marijuana will officially become legalized in Maryland for adults 21 and up. This also includes a new law that bans police stops and searches based on the alleged smell of marijuana. But is that enough for Maryland to become a model for marijuana and racial justice?

Listen to the podcast

Time to Put an End to the Racist War on Marijuana

Blog

Yellow background with a Black or Brown person's hand holding a green marijuana leaf.

Marylanders and people across the nation have overwhelmingly voiced that there needs to be an end to the war on marijuana.

People in Maryland overwhelmingly voted to begin the legalization of marijuana. Now, it’s time to take action and reverse the oppressive effects of this racist “war.” Removing criminal penalties for marijuana related offenses and prohibiting police from using the odor of marijuana as a basis to conduct warrantless searches are the next steps we should be taking.

Read the blog

ACLU to Maryland Police Chiefs: No More Stops and Searches Based Solely on Smell of Marijuana

Press Release

Advocates are pressing for a bill that would remove marijuana odor as the basis for reasonable suspicion for a police investigation. Stock.adobe.com photo by Alixandria Chen.

Effective July 1, 2023, the police practice of stopping and searching Marylanders based solely on the smell of marijuana will be against the law.

That is why the ACLU of Maryland (ACLU) has sent a letter to police departments across the state to ensure all personnel are made aware of the changes in the law. It is crucial that police departments are adequately informed of these changes, so that the new rights of Marylanders are protected from violation and that law enforcement agencies are cautioned about the consequences of unlawful investigations.

Read the letter to police chiefs

Statewide Coalition Demands Marijuana "Exclusionary Rule" to Stop Racial Profiling By Police

Press Release

Collage of marijuana leaves and an abstract background. There is a dark green filter layer over all of the leaves.

The Maryland Coalition for Justice and Police Accountability (MCJPA) push for clear “exclusionary rule” that would ban police from using evidence obtained from a stop or search based solely on the odor of marijuana.

HB 1071 prohibits police from conducting stops and searches based on the odor of marijuana. But without a clear “exclusionary rule,” the bill will not effectively deter police from violating this important new rule of law.

Read about the exclusionary rule

Share Your Story

Survey

A person's hands are holding a large protest sign that says, "No Voice Unheard." The background is blurred out but you can see that there are people at a protest. Courtesy credit: Molly Kaplan, ACLU.

Have you been stopped or searched by police for the odor of marijuana in Maryland?

The ACLU of Maryland is gathering data about general marijuana enforcement. This form is not a request for legal advice or representation. We will not publish, provide, or share personal identifying information without the explicit permission of the person submitting the form.

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    MARIJUANA LEGALIZATION IN MARYLAND

    AT A GLANCE: Possession Limits

    Personal Use:

    • Up to 1.5 ounces marijuana.
    • Up to 12 grams of concentrated marijuana.
    • Marijuana products containing up to 750 milligrams of delta-9-THC.

    Civil Use (Comes with a penalty):

    • More than 1.5 ounces, but less 2.5 ounces of marijuana.
    • More than 12 grams, but less than 20 grams of concentrated marijuana.
    • Marijuana products containing more than 750 mg, but less than 1250 strength delta-9-THC.

    AT A GLANCE: Penalties

    • Possessing the civil-use amount (over 1.5 ounces but less than 2.5 ounces or marijuana, and over 12 grams but less than 20 grams of concentrated marijuana), carries a penalty of a civil citation up to $250.
    • Possessing the amounts above do not result in arrest, jail time, or a criminal record. If a person under the age of 21 gets a citation, the court must summon the person for trial and may order drug treatment.
    • Possessing more than the personal and civil-use amounts of marijuana or marijuana products qualifies as a criminal misdemeanor, possession with the intent to distribute (PWID). Possessing more than the civil-use limit up to 50 pounds is classified as PWID with a penalty of up to five years in prison and a $15,000 fine. Anything over 50 pounds is a minimum of five years in prison and $100,000 fine.
    • Growing more than the legal limit of two marijuana plants at home is a misdemeanor offense that is subject to a penalty of up to three years in prison and/or a fine of up to $5,000.
    • Smoking marijuana in a public place is a civil offense and the user may receive a fine of up to $50 for a first offense. Subsequent offenses may result in fines up to $150.

    Age to Use

    Your Rights:
    • For people 21 and up, recreational marijuana is legal.
    • For people under 21, it is not legal to possess or use recreational marijuana. People under 21 could get a $100 fine for using or possessing the personal-use amount, a $250 fine for using or possessing the civil-use amount, and may be required to appear in court for citations.

    Possession Limit for Personal Use

    Your Rights
    • People 21 and up can possess up to 1.5 ounces of marijuana, up to 12 grams if concentrated marijuana (personal-use amount), and up to 750 milligrams of delta-9-THC without the risk of getting a ticket or charge.

    Where You Can Use

    Your Rights:
    • Public use of marijuana is not permitted.
    • Smoking marijuana in a public place is a civil offense and the user may receive a fine of up to $50 for a first offense. Subsequent offenses may result in fines up to $150.
    • Drivers and passengers are prohibited from smoking marijuana while operating a motor vehicle. Remember: If the ignition is on, it is illegal.
    • Smoking marijuana on private property out of public view is permitted.
    • Smoking marijuana in a rental property is not permitted without the written consent of the property owner.
    • While porches and stoops are private property for the property owner and those whom they give consent, smoking marijuana is only permitted away from public view.

    Where You Can Buy

    Your Rights:
    • People 21 and up without a medical marijuana card can purchase marijuana at dispensaries permitted to sell recreational marijuana.

    Rules for Sharing and Gifting

    Your Rights:
    • For people 21 and up, adults are legally allowed to share marijuana. The amount of marijuana a person shares must not exceed the personal-use amount and no money (or other remuneration) can be exchanged for the marijuana.
    • Sharing marijuana in amounts above the personal-use limit 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 in prison and/or a $5,000 fine.

    Paraphernalia

    Your Rights:
    • Marijuana items, like bongs, grinders, and rolling papers, are no longer included in the definition of paraphernalia under criminal law. However, scales are often used by police as evidence of possession with intent to distribute.

    Rules for Growing at Home

    Your Rights:
    • People 21 and up can legally possess up to two marijuana plants at home.
    • 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 marijuana plants can be grown per residence, regardless of the number of adults who reside at the residence.
    • Additionally, marijuana plants may only be grown on property owned by the grower or with the consent of the property owner.

    Requesting Resentencing

    Your Rights:
    • People who are currently incarcerated for marijuana possession 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.

    Record Expungement

    Your Rights:
    • July 1, 2024, is the deadline for automatic expungement of simple possession charges issued before July 1, 2023.

    Police Stops and Searches

    Your Rights:
    • Police are prohibited from initiating and/or conducting a stop or a search of a person, motor vehicle, or vessel based solely on the alleged smell of marijuana.

    ADDITIONAL RESOURCES

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