Five Things You Should Know About Maryland’s Marijuana Laws

 Posted on February 26, 2026 in Drug Crimes

Maryland legalized recreational marijuana in 2023, and a lot of people are still figuring out what that actually means. The short version is this: legal does not mean anything goes. There are hard limits and situations where you can still face criminal charges. Some of these catch people off guard all the time. Our Centreville, MD drug crimes defense lawyer tells you what you need to know heading into 2026.

Marijuana is Legal, But There Are Limits

Adults 21 and older in Maryland can legally possess up to 1.5 ounces of cannabis flower, up to 12 grams of concentrated cannabis, and cannabis products containing up to 750 milligrams of THC. You can also grow up to two mature plants at home for personal use, as long as they are out of public view and not accessible to anyone under 21.

Buying from a licensed dispensary is the only legal way to obtain it commercially. Those are the rules. Stay inside those lines and you are in good shape.

One thing people do not always realize is that "personal use amount" and "civil use amount" are two different categories under Maryland law. Possession of between 1.5 and 2.5 ounces is still technically a civil offense, not a crime. That means the police will think it’s for your personal use – not that you’re selling it – but it’s more than you’re allowed to have. It carries a fine of up to $250. It’s not nothing.

Have More than 2.5 Ounces? You’re in Criminal Territory

This is where people get into real trouble. Once you cross the 2.5-ounce threshold, Maryland law treats possession as a criminal matter. Under Maryland Criminal Law § 5-601, possession of more than 2.5 ounces and less than 50 pounds is a misdemeanor that can carry up to a year in jail and a fine up to $1,000. At 50 pounds or more, it becomes a felony with a mandatory minimum of five years in prison and fines up to $100,000.

Smoking in Public or Driving High Is Still a Crime

People sometimes assume that because marijuana is legal, they can use it wherever they want. That is not how it works. Smoking cannabis in a public place is a civil offense, and consuming it while driving is illegal. Driving under the influence of marijuana is treated the same way as drunk driving in Maryland. You can be stopped, tested, charged, and convicted. A DUI is a DUI regardless of what substance caused the impairment.

Federal Property Plays by Completely Different Rules

Maryland state law does not apply on federal property. That means national parks, military bases, federal buildings, and airports are all off-limits. The Transportation Security Administration operates under federal jurisdiction, which means bringing marijuana through BWI or any other Maryland airport — even in amounts that are perfectly legal under state law — can trigger federal charges under the Controlled Substances Act.

Old Marijuana Charges Are Not Automatically Gone

In June 2024, Governor Wes Moore issued a mass pardon covering more than 180,000 low-level marijuana charges in Maryland. That was significant, and it got a lot of press. But a pardon is not the same as an expungement, and expungement under Maryland law is not automatic in most cases. If you have a marijuana conviction on your record, you may be eligible to have it expunged, but you generally need to apply for it after successfully completing your sentence.

An old marijuana charge can still affect job applications, housing, and professional licensing even after legalization. If you have questions about whether your record qualifies for expungement, that is a conversation worth having with a defense attorney sooner rather than later.

Talk to a Centreville, MD Drug Crimes Defense Lawyer Today

Maryland's marijuana laws changed fast, and they are more nuanced than most people realize. If you are facing a drug charge, our Queen Anne’s County drug crimes defense lawyers at Henley & Henley, Attorneys at Law are here to help.

Our team brings over 50 years of combined experience to these cases, and we typically handle defense matters on a flat fee. Call us at 410-280-0530 to talk through your situation.