- Decriminalization
- Drugged Driving
- Expungement
- Legalization
- Mandatory Minimum Sentence
- Medical Marijuana
| Offense | Penalty | Incarceration | Max. Fine | ||
|---|---|---|---|---|---|
Possession | |||||
Personal Use | |||||
| Up to 1.5 oz (Personal Use) | No penalty | None | $0 | ||
| 1.5 oz to 2.5 oz | Civil Offense | None | $250 | ||
| Adult Sharing (Up to 1.5 oz)* | No penalty | None | $0 | ||
| Public Consumption (first offense) | Civil Offense | None | $250 | ||
| 50 lbs or more | Felony | 5 years* | $100,000 | ||
| Increased fines for subsequent offenders | |||||
| *See Penalty Details section for more information | |||||
With intent to distribute | |||||
| Less than 50 lbs | Felony | 5 years | $ 15,000 | ||
| 50 lbs or more† | Felony | 5 years* | $ 15,000 | ||
| More than 50 lbs (drug kingpin) | Felony | 20* - 40 years | $ 1,000,000 | ||
| In a school vehicle, or in, on, or within 1000 feet of an elementary or secondary school | Felony | 20 years | $ 20,000 | ||
| Subsequent violation | Felony | 5* - 40 years | $ 40,000 | ||
| Involving a minor | Felony | 20 years | $ 20,000 | ||
| * Mandatory minimum sentence | |||||
| † Subsequent offense carries a mandatory minimum sentence of 2 years | |||||
Trafficking | |||||
| More than 5 - less than 45 kg | Felony | 10 years | $ 10,000 | ||
| 45 kg or more | Felony | 25 years | $ 50,000 | ||
| In possession of a firearm while trafficking | Felony | 5* - 20 years | N/A | ||
| * Mandatory minimum sentence | |||||
Cultivation | |||||
| Up to 2 plants per household | No penalty | None | $0 | ||
| More than 2 plants per household | Misdemeanor | 3 years | $5,000 | ||
| See Possession section for details. | |||||
Hash & Concentrates | |||||
| Up to 12 grams of concentrated cannabis or an amount of cannabis products containing THC that does not exceed 750mg | No penalty | None | $0 | ||
| 12 g - 20 g or an amount of cannabis products containing THC that contains more than 750mg but does not exceed 1,250mg (first offense) | Civil Offense | None | $250 | ||
| 12 g - 20 g or an amount of cannabis products containing THC that contains more than 750mg but does not exceed 1,250mg (second offense) | Civil Offense | None | $0 | ||
| Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||||
Paraphernalia | |||||
| Possession of drug paraphernalia for cannabis consumption | None | None | $0 | ||
| Subsequent violation | Misdemeanor | 2 years | $ 2,000 | ||
| Selling to a minor who is at least 3 years younger | Misdemeanor | 8 years | $ 15,000 | ||
Last Updated July 1, 2023 | |||||
Penalty Details
Penalty Details
Possession for Personal Use
In Maryland marijuana is listed as a Schedule I controlled hallucinogenic substance. Simple possession (possession without the intent to distribute) of less than 1.5 ounces in Maryland is a no penalty (personal use).
Possession of between 1.5 ounces and 2.5 ounces is a civil offense with a fine not exceeding $250 for first-time offenders.
Possession of between 2.5 ounces and less than 50 pounds of marijuana is a misdemeanor with a punishment of up to one year imprisonment and a fine not exceeding $1,000.
Possession of 50 pounds or more of marijuana carries a punishment of a minimum of 5 years imprisonment and a fine not exceeding $100,000.
Public consumption of cannabis carries a civil fine of up to $250 for a first offense and $500 for a second or subsequent offense.
“Adult sharing” of 1.5 ounces of cannabis, 12 grams of concentrated cannabis, or cannabis products containing THC in amounts up to 750mg between persons who are 21 years of age or older without remuneration is permitted. “Adult sharing” does not include instances in which marijuana is given away contemporaneously with another reciprocal transaction between the same parties; a gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or a gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.
See
- MD. Code Ann. §5-402(d)(vii)
- MD. Code Ann. §5-601
- MD. Code Ann. §5-612
- MD Code Ann. § 5-101(a)
- MD. Code Ann. § 5-601(c)(2)
- MD. Code Ann. § 5-601.1
- MD. Code Ann. § 5-601(C)(2)
Possession With Intent to Distribute
Possession with intent to distribute less than 50 pounds of marijuana in Maryland is a felony with a punishment of up to 5 years imprisonment and a fine not exceeding $15,000.
See
- MD. Code Ann. §5-607(a)
If a person is found to be in possession of 50 pounds or more of marijuana (acts in proceeding 90 days can be aggregated), then the punishment for this felony is imprisonment of not less than 5 years and a fine not exceeding $100,000.
See
- MD. Code Ann. §§5-612 (a)-(c).
Possessing marijuana with the intent to distribute in a school vehicle, or in, on, or within 1,000 feet of real property owned by or leased to an elementary school or secondary school, is a felony and is punishable by, for a first violation, imprisonment not exceeding 20 years and a fine not exceeding $20,000, and for each subsequent violation, imprisonment not less than 5 years and not exceeding 40 years and a fine not exceeding $40,000. These penalties are in addition to any other conviction.
See
- MD. Code Ann. § 5-627
If an offender has previously been convicted of possession with intent to distribute, then there is a mandatory minimum sentence of 2 years.
See
- MD. Code Ann. §5-607(b)(1)
If an individual is found to be a “drug kingpin” (an organizer, supervisor, financier, or manager who acts as a co-conspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance), and dealt with 50 pounds or more of marijuana, then they are guilty of a felony and subject to imprisonment for not less than 20 years and not exceeding 40 years without the possibility of parole and a fine not exceeding $1,000,000.
See
- MD. Code Ann. §5-613. (Does not merge. §5-613(d).)
If an adult uses or solicits a minor in a conspiracy to distribute, deliver or manufacture marijuana, then the adult is guilty of a felony and is subject to imprisonment not exceeding 20 years or a fine not exceeding $20,000.
See
- MD. Code Ann. §5-628
Cultivation
Cultivation of up to two plants per household is legal in Maryland. If unrelated persons live together in one residence, the maximum number of plants that may be contained within the household must not exceed 2 plants. Plants must remain out of public view and be kept in such a place where persons under the age of 21 can access the plants. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
- MD. Code Ann. § 5-601.2
- MD. Code Ann. § 5-601.2(G)
Trafficking
If a person brings 45 kilograms or more of marijuana into the state of Maryland, then they are guilty of a felony and are subject to imprisonment not exceeding 25 years and a fine not exceeding $50,000.
If a person is guilty of trafficking more than 5 kilograms but less than 45 kilograms, they are guilty of a felony and subject to imprisonment not exceeding 10 years and a fine not exceeding $10,000, or both.
See
- MD. Code Ann. §5-614(a)
If a person brings less than 45 kilograms of marijuana into the state, but more than 5 kilograms, then said person is guilty of a felony and subject to imprisonment not exceeding 10 years and a fine not exceeding $10,000.
See
- MD. Code Ann. §5-614(b)
If a person is in possession of a firearm at the time they are arrested for trafficking marijuana into MD, then said person is guilty of a felony and may be punished with, for a first violation, imprisonment for not less than 5 years and not exceeding 20 years, and for each subsequent violation, imprisonment for not less than 10 years and not exceeding 20 years.
See
- MD. Code Ann. §5-621(c)(1)
Hash & Concentrates
In Maryland, hashish and marijuana concentrates are punished at the same level as plant-form marijuana and are Schedule I controlled hallucinogenic substances. See the Maryland marijuana penalty section for further details.
Possession of less than 12 grams of concentrated cannabis or an amount of cannabis products containing up to 750 mg of THC is considered an amount for personal use. Possession of between 12 grams and 20 grams or a product containing more than 750mg but less than 1,250mg of THC is a civil offense with a fine not exceeding $250 for first-time offenders.
See
- MD. Code Ann. §5-101(q)
- MD. Code Ann. §5-402(d)(vii)
- MD. Code Ann. §5-402(d)(xii)
- MD. Code Ann. § 5-601(c)(2)
- MD. Code Ann. § 5-601.1
- Hignut v. State, 17 Md.App. 399 (Md. Spec. App. 1973)
- Ertwine v. State, 18 Md.App. 619, 308 A.2d 414 (Md. Spec. App. 1973)
Paraphernalia
Under Maryland law, paraphernalia no longer includes products designed for use with Cannabis.
See
- MD. Code Ann. §5-101
If an adult delivers drug paraphernalia to a minor who is at least 3 years younger than the person, the person is guilty of a separate misdemeanor and on conviction is subject to imprisonment not exceeding 8 years and a fine not exceeding $15,000.
See
- MD. Code Ann. § 5-619(d)(4).
Advertising the distribution of paraphernalia is a misdemeanor and can be punished, for a first violation, with a fine not exceeding $500, and for each subsequent violation, with imprisonment for not exceeding 2 years and a fine not exceeding $2,000.
See
- MD. Code Ann. §5-619(e)(1)
Mandatory Minimum
Maryland has a mandatory minimum sentences for:
- Repeat offenders who have previously been convicted of possession with intent to distribute within 1,000 ft. of a school on 2 or more occasions (5 years).
- Any offender convicted of possessing 50 pounds or more of marijuana, including any acts of possession within the last 90 days (5 years).
- Any offender convicted of being a “drug kingpin” who dealt in more than 50 pounds of marijuana (20 years).
- Any offender who is in possession of a firearm at the time they are arrested for trafficking marijuana into MD (10 years)
See
- MD. Code Ann. §§5-612 (a)-(c)
- MD. Code Ann. § 5-627
- MD. Code Ann. §5-613
- MD. Code Ann. §5-621(c)(1)
Miscellaneous
Medical Necessity Defense
“In a prosecution for the use or possession of marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.
(ii) Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed marijuana because of medical necessity, on conviction of a violation of this section, the maximum penalty that the court may impose on the person is a fine not exceeding $100.”
Even with the defense, the crime is still a misdemeanor. Additional fines/penalties are applicable if use is in public or more than one ounce is in possession at one time.
See
- MD. Code Ann. §§5-601(c)(3)(i)-(iii)
For more information concerning Maryland’s marijuana laws, please visit NORML’s Maryland Medical Marijuana page.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
EXPUNGEMENT
This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.