Maryland: Civil Penalties Take Effect for Cannabis Possession

Maryland: Civil Penalties Take Effect for Cannabis Possession

The possession of up to 2.5 ounces of cannabis is no longer subject to criminal penalties, under legislation (HB 837) that took effect of January 1, 2023.

Under the new law, adults who possess up to 1.5 ounces of cannabis (and/or up to 12 grams of cannabis concentrates and/or any cannabis product containing up to 750 mgs of THC) are subject to a civil violation, punishable by no more than a $100 fine. Adults who possess between 1.5 ounces and 2.5 ounces of flower (or who possess up to 20 grams of cannabis concentrates and/or products containing up to 1,250 mgs of THC) face fines of up to $250.

Previously, activities involving the possession of over 10 grams of marijuana were defined as criminal misdemeanors, punishable by up to one year in prison.

The reduced penalties are a result of voters in November approving a referendum (Question 4) directing state lawmakers to establish rules and regulations governing the production and sale of cannabis to adults. By approving Question 4, voters also triggered the enactment of separate, complementary legislation (HB 837) reducing marijuana possession limits and facilitating the automatic review and expungement of low-level cannabis convictions.

Adults will be legally permitted to possess up to 1.5 ounces of cannabis and/or 12 grams of cannabis concentrates with no penalty beginning in July 2023.

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