Recreational cannabis in Maryland is now legal. Here’s what you need to know.
Maryland dispensaries began selling recreational cannabis for adult use Saturday, the date set for legalization by the ballot question voters approved in November.
Since then, the state government worked quickly to roll out a framework, taxation and regulatory system as essentially all of the state’s medical cannabis growers, processors and dispensaries converted their licenses so they could sell into the recreational market.
So you aren’t hazy on what to expect at the launch of the new industry, The Baltimore Sun answered some common questions about the end of marijuana’s prohibition in Maryland.
What you need to know before heading to the dispensary
Who can buy and sell cannabis?
Adults 21 and older may legally possess small amounts, use cannabis and purchase cannabis products from licensed dispensaries without a medical card. Existing medical cannabis dispensaries that converted their licenses can sell to recreational users. Maryland’s cannabis reform law also authorizes the Maryland Cannabis Administration to issue new grower, processor, dispensary and incubator licenses.
The dispensaries mapped below are eligible to serve recreational cannabis customers, according to the Maryland Cannabis Administration. Any additional eligible dispensaries will be added to the map as they are confirmed.
What should I bring with me to buy recreational cannabis?
Recreational cannabis customers have to show a government-issued ID to prove they’re 21 or older, according to the Maryland Cannabis Administration. It’s also a good idea to bring cash or a debit card, as major credit card companies will not process cannabis purchases due to federal prohibition. Some dispensaries have ATMs on site for this reason.
Is there a limit to how much cannabis I can have?
Adults over 21 may have up to 1.5 ounces of cannabis flower (these include joints and pre-roll products), up to 12 grams of concentrated cannabis (such as vape products), two cannabis plants or any cannabis product containing up to 750 milligrams of THC (such as edible products) at any given time. These restrictions only apply to recreational users. Medical cannabis patients may purchase cannabis products with higher concentrations of THC.
What’s it like to buy cannabis at a dispensary?
While every dispensary is different, in general expect to find workers who are familiar with the product and able to explain the various methods of consumption, including gummies, pre-rolled joints and tinctures. Most stores have websites that list nearly everything they sell, which can be helpful in narrowing down what you are looking for. Similar to a liquor store, if you tell an employee what effects you are looking for and how familiar you are with cannabis, they should be able to point you in the right direction. Cannabis comes in a range of strengths, usually starting at 5 mg and going up to 750 mg. Consult your budtender on what’s right for you.
Can I get cannabis delivered?
You won’t be able to have recreational cannabis delivered right away. However, micro-dispensaries, which are to start being licensed Jan. 1, 2024, will be allowed to deliver.
Can I buy cannabis in Maryland if I live out-of-state?
Yes. You don’t need a Maryland ID to buy cannabis in Maryland, just a government-issued ID. However, it is still illegal to transport cannabis across state lines, so if you travel to Maryland to buy cannabis, you’ll need to use it up before you leave.
What are the rules around possession and use?
Can I smoke cannabis in public?
Maryland’s law prohibits the smoking of cannabis in public spaces, such as parks, streets, sidewalks, bars and restaurants, public transportation and workplaces. The law also prohibits smoking cannabis in motor vehicles. Federal law prohibits the possession of cannabis on federal land, like federal buildings and national parks.
Maryland counties and municipalities may approve licenses for on-site consumption establishments where people could smoke outdoors on the premises, vape or otherwise consume cannabis, though the county or municipality granting the license may define the type of consumption allowed on the property.
Can I grow my own cannabis plants at home?
Yes. Anyone 21 and over is allowed to grow up to two cannabis plants at home if they own the property or have consent from the property owner. The plants must be out of public view and inaccessible to anyone under 21. Regardless of how many adults over the age of 21 live in the residence, only two plants are permitted, unless one of the adults is a registered medical cannabis patient, in which case a household may have up to four plants.
Can my landlord prohibit me from using cannabis?
Landlords and management companies ultimately decide whether they’ll allow tenants to use cannabis on their property, just like how they can prohibit tenants from smoking cigarettes or growing cannabis plants.
Can I share cannabis with a friend?
Anyone 21 and over can share cannabis with other adults who are 21 or over in Maryland. The amount shared between adults can’t exceed the amount a person is allowed to posses. No money or other payment can be exchanged for the cannabis and interstate transportation remains prohibited under federal law.
Can Maryland employers still test for cannabis?
Yes. The new law doesn’t prevent employers from testing employees for cannabis. Maryland law allows employers to test for cannabis and take action against employees who test positive, even if that employee has a medical marijuana card, according to The Maryland State Bar Association.
Is it legal to drive after consuming cannabis?
Driving under the influence of alcohol or drugs — including cannabis — is illegal in Maryland. But there is no established test to determine the extent of cannabis impairment in drivers, aside from common sobriety field tests like walking in a straight line. Coinciding with the end of cannabis prohibition, it became illegal for police officers to conduct traffic stops or vehicle searches based solely on the smell of cannabis. The Maryland Medical Cannabis Commission recommends waiting at least six hours after consuming cannabis to drive.
Miscellaneous
Does anything change for medical cannabis patients?
The rules for medical cannabis in Maryland still apply. Patients still will be able to register for a medical card and obtain medical cannabis from licensed dispensaries, according to the Maryland Cannabis Administration. The new law also specifically requires all dispensaries to offer patient-only hours and exempts Maryland medical cannabis users from the sales and use tax. Maryland does not recognize medical cannabis cards from other states at this time.
What about people with past cannabis-related convictions or arrests?
As of January 1, 2023, any person who was incarcerated after being convicted of cannabis possession in Maryland may present an application for resentencing to the court that sentenced them. If the person is not serving a concurrent or consecutive sentence for another crime, they will be released from incarceration. Otherwise, they will be resentenced to time served.
Maryland’s cannabis reform law also establishes a process to expunge any case in which fewer than 10 grams of cannabis possession was the only charge, according to the Maryland Cannabis Administration.
The Maryland Judiciary Case Search online database will be prohibited from displaying case records where cannabis possession was the only charge and cannabis use does not violate parole unless the court finds that use of cannabis could create a danger to the defendant or others.
How does cannabis generate revenue for the state? What will the state spend the money on?
Maryland enacted a 9% tax on cannabis sales — the same rate as alcohol sales. The majority of the tax revenue will fund the Maryland Cannabis Administration, which regulates businesses and enforces state cannabis laws, while 35% of the tax revenue will be directed to communities in the state most harmed by the war on drugs.
How can I join Maryland’s cannabis industry?
In September, the Maryland Cannabis Administration will open a 30-day application period for people and businesses interested in obtaining standard or micro cannabis licenses. At that time, the Cannabis Reform Act will require that all applicants are “social equity applicants,” a designation that is largely based on whether an individual has lived in an area disproportionately impacted by the criminalization of cannabis. There is a $5,000 application fee for a standard license.
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Baltimore Sun editor Kamau High contributed to this article.
