KNOW YOUR RIGHTS
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 is 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.
TAKE ACTION:
End marijuana smell stops & searches
eLIMINATE Marijuana criminal penalties
Learn more about ACLU of Maryland's work to legalize marijuana and establish community repartations on the Civil Rights and Civil Liberties Guide to the 2022 Legislative Session.
2023 MARYLAND GENERAL ASSEMBLY PRIORITIES
During the 2023 legislative session, two of the ACLU of Maryland's public policy priorities are banning marijuana odor stops and searches by police, and eliminating criminal penalties.
Ban Marijuana Odor Stops and Searches by Police
Learn more on our 2023 legislative priorities overview page.
Share Your Story: Marijuana odor police stops and searches survey
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. Personal identifying information will not be published, provided, or shared without the explicit permission of the person submitting the form.
ELIMINATE CRIMINAL PENALTIES FOR MARIJUANA
Learn more on our 2023 legislative priorities overview page.
LEGAL TIMELINE
What do you need to know now that it seems clear legal recreational marijuana is coming to Maryland? We created a timeline to better explain how legalization will be rolled out in Maryland.
Read the Road to legalization blog
(Timeline designed by Nicole McCann)
JANUARY 1, 2023
- Possession Limit: The personal use amount (legal possession limit) is now up to 1.5 ounces of marijuana. From January 1 - June 30, 2023, you can get a $100 civil fine for possession of the personal use amount. If you are caught with the civil use amount, between 1.5 to 2.5 ounces (the amount you can have over the personal use limit and not get a criminal charge), you could get a $250 fine. Possessing more than 2.5 ounces carries a misdemeanor conviction and 6 months in jail or a $1,000 fine.
- Public Use: Smoking in public will bring a $250 fine for a first offense and a $500 fine for a second or subsequent offense.
- Paraphernalia: Marijuana paraphernalia (like scales, and bongs) is excluded from definitions of paraphernalia in Criminal Law.
- Possession with Intent to Distribute: PWID is a misdemeanor punishable by 3 years in prison and/or a $5,000 fine.
- Record Expungement: If you received a past, simple possession charge, or one that occurs before July 1, 2023, you will receive an automatic expungement. The Department of Public Safety and Corrections must complete expungements by July 1, 2024.
- Resentencing: A person incarcerated for simple possession can apply for resentencing. If you are not serving a concurrent sentence for another crime, you must be released.
- Petition to Expunge: Anyone with a PWID conviction from before 2023 can petition to expunge it 3 years after they have completed their sentence, including probation and parole.
JUNE 30, 2023
- Possession Limit – Civil Fines Expire: The 6 month time period expires (January 1-June 30, 2023) when people 21 and up could get civil fines for possession of the personal use amount (up to 1.5 ounces of marijuana). People 21 and up will no longer be at risk of getting a civil fine for possessing the personal amount.
JULY 1, 2023
- Age to Use: For people 21 and up, the civil use amount is still 1.5 to 2.5 ounces of marijuana and carries a $250 fine. However, it will be legal to possess the personal use amount of 1.5 ounces of marijuana.
- Growing Your Own: Cultivation of 2 plants per residence becomes legal. Growing more than the legal limit is a misdemeanor offense that is subject to a penalty of imprisonment for up to 3 years and/or a fine of up to $5,000.
- Age to Share: For people 21 and up, adult sharing is permitted.
- Age Restriction: For people under 21, you could get a $100 fine for using or possessing the personal use amount, and a $250 fine for using or possessing the civil use amount. People under 21 may be required to appear in court for citations.
JULY 1, 2024
- Record Expungement: Deadline for automatic expungement of simple possession charges issued before July 1 2023.
