Maryland just voted to legalize marijuana. Here's what happens next

November 9, 2022

Maryland just voted to legalize marijuana. Here’s what happens next

Congratulations Maryland!

The Old Line State has officially legalized recreational cannabis via Question 4. The constitutional amendment was approved with a majority of 65% to 35%.

The vote follows the passage of two bills — HB 1 and HB 837 — in the Maryland Legislature earlier this year.

The former effectively allowed legalization to appear on the November ballot, while the latter provides some limited ground rules for the state’s cannabis program for adult use of cannabis. However, lawmakers have yet to shape much of the program’s regulatory and licensing framework through new legislation.

Here’s what happens next.

Is Marijuana Legal For Adults Right Now?

No, not quite yet. Maryland will decriminalize possession in two stages and then legalize it.

When Is Possession of Weed Legal?

Effective January 1, 2023, Maryland will consider possession of up to 2.5 ounces of cannabis a civil offense. (Maryland voted to decriminalize possession of up to 10 grams of cannabis back in 2013. The charge still carries a fine of no more than $100.)

Full legalization (at least in terms of possession) won’t begin until July 1, 2023… a full seven months after the vote. At this point, ownership laws will change.

How much can I own?

Beginning July 1, 2023, any adult age 21 or older may possess up to 1.5 ounces of cannabis. Possession of 1.5 ounces to 2.5 ounces would only be fined and not considered a criminal offense.

Leafly’s new “Cannabis Harvest Report” ranks the harvest fifth nationwide

When can I legally buy marijuana?

The Maryland legislature must finalize the policies and regulations for the craft program before recreational sales begin. Lawmakers recently told the Baltimore Sun that Rec product sales may not start until 2025.

Can I grow cannabis at home?

Yes, adults can grow up to two cannabis plants at home.

Leafly’s guide to growing marijuana

Will there be new marijuana retail stores?

Yes. HB 837 mandates the establishment of a Cannabis Relief Fund that will use state budget funds to provide grants, loans and licensing assistance to small, women-owned and minority-owned businesses.

Beyond these equity licenses, however, the existing bills do not provide details on the licensing of new companies.

Is Marijuana Taxed?

It’s a safe bet that Maryland will tax cannabis, but lawmakers have yet to figure out the rates with subsequent legislation. Neither HB1 nor HB 837 contain language related to taxation.

Is there a record deletion procedure?

Yes.

HB 837 provides automatic removal for individuals charged solely with possession of cannabis. The bill requires the Maryland Department of Public Safety and Correctional Services to delete those records by July 2024.

Individuals previously charged with intent to distribute may also apply for deletion after serving three years of their sentence.

Can my city ban cannabis stores?

Neither invoice contains language regarding an opt-out measure for cities and counties.

Can retail stores advertise marijuana?

None of the bills contain any statements about cannabis advertising. However, it calls for the establishment of an advisory board that will make recommendations on advertising and other regulations.