Baltimore’s updated padlock law lets the city close a shop for up to one year if police write two reports within 24 months showing its employees, owner or tenant illegally sold cannabis products or Schedule I or II drugs there. Mayor Brandon Scott signed Council Bill 26-0193 on October 15, 2026, FOX45 reported. Cases go to an independent hearing officer, and once a final order is issued, police have 15 calendar days to start the closure. Licensed Maryland dispensaries are not the target; unlicensed smoke shops selling THC are.
The bill was introduced on May 11, 2026 by Councilmember Antonio Glover and Council President Zeke Cohen, with nine council cosponsors, and the full Council approved it on September 28, according to the City Council’s legislative record. Below is what the law actually says, how the two-strike process works, how to tell a licensed dispensary from an illegal shop, and what it means if you buy cannabis in Baltimore. As of October 16, 2026, this is the latest available information.
What Baltimore’s Padlock Law Does
Baltimore has had a public nuisance law for years in Article 19, Subtitle 43 of the City Code. It already allowed the Police Commissioner to close a property used two or more times in 24 months for things like drug dealing, illegal gambling or storing stolen goods. What it did not clearly cover was the corner shop selling unlicensed THC vapes, gummies and flower over the counter. A committee hearing found that the city had no effective process to padlock smoke shops that sell cannabis illegally.
The third-reader text of Council Bill 26-0193 makes four main changes:
- Cannabis is now named. The definition of a public nuisance adds the illegal manufacture or distribution of a “cannabis product,” using the definition in the state Alcoholic Beverages and Cannabis Article. It also covers storing or concealing cannabis products in amounts that suggest an intent to sell, advertise for sale or distribute them.
- Two police reports are enough to start a case. Two reports by police officers, written in the regular course of business, are prima facie evidence that a property is a public nuisance.
- An independent hearing. When the reported violations involve an employee, owner or tenant, the Police Commissioner must refer the case to the Maryland Office of Administrative Hearings (OAH) if the city has an agreement with it, or otherwise to the city’s Environmental Control Board.
- Closures of up to one year. The Commissioner issues a final order after receiving the hearing officer’s proposed findings. A closing lasts for the period stated in the order, never longer than one year.
The text also says that a closure is “not punitive” and is imposed “solely for the protection of the public health, safety, and welfare.” That wording matters, because it frames padlocking as a civil fix for a dangerous property rather than a criminal punishment of the owner.
How the Two-Strike Process Works
Here is the sequence the ordinance lays out, step by step.
| Step | What happens | Rule in the bill |
|---|---|---|
| 1. First police report | Officers document an illegal cannabis or drug sale at the premises | Counts toward the 2-in-24-months threshold |
| 2. Second police report | A second documented violation within 24 months | Two reports are prima facie evidence of a nuisance |
| 3. Notice | Owner, operator and commercial tenant get notice by personal service or certified mail, and it is posted on the property | Notice must give the hearing date and the right to be represented |
| 4. Referral | Commissioner sends the case to OAH, or to the Environmental Control Board if OAH is unavailable | Applies when the violations involve an employee, owner or tenant |
| 5. Hearing | Hearing officer holds an evidentiary hearing and writes proposed findings and a proposed order | Owner does not have to have known about the sales |
| 6. Final order | Commissioner issues the final order with findings of fact and conclusions of law | May order the nuisance stopped or the premises closed |
| 7. Abatement | Police post the order and may close the business | Must begin within 15 calendar days of the final order |
| 8. Closure | Premises stays shut for the period in the order | No longer than 1 year |
Two details are easy to miss. First, the Commissioner can act without proof that the owner, operator or tenant knew about the nuisance, and stopping the sales before the hearing does not automatically end the case. That puts real pressure on landlords who rent to smoke shops. Second, an owner or tenant can ask to have a closure order changed or lifted by showing the problem has been fixed, but the Commissioner will consider only one such request every 60 days.
Anyone hurt by the Commissioner’s action can ask the Circuit Court for Baltimore City to review it, and that judgment can be appealed further. Disobeying a closure order, or using or occupying a padlocked property, is a misdemeanor: up to a $500 fine, 90 days in jail or both, with each day counted as a separate offense. Tearing down or defacing a posted order carries a fine of up to $500.
The law also adds a reporting rule. By April 1 and October 1 each year, the Police Commissioner must tell the Mayor and City Council how many nuisance complaints came in, how many cases went to OAH or the Environmental Control Board, how many businesses were ordered closed, the average, shortest and longest closure times, and the outcome of every court appeal. Those reports should show within a year whether the law is being used.
When Does It Take Effect?
The final text says the ordinance “takes effect on the date it is enacted.” FOX45 reported that the law takes effect once procedural steps are completed, and the bill directs the Police Commissioner to adopt rules and hearing procedures and to set up an agreement with the Environmental Control Board. As of the morning of October 16, 2026, the council’s online record had not yet been updated with an enactment number. The first padlock cases under the new process will depend on how quickly those rules and agreements are finished.
What City Leaders Said
“This bill is not about businesses that are following the law,” Scott said at the signing, according to FOX45. Cohen put it more bluntly: “Baltimore is open for business, but do not sell poison to our kids and our communities.” Glover, who represents East Baltimore’s 13th District, told shop owners: “So either you roll with us and get in line or you’re going to get padlocked.”
Schools were part of the push. Nathan Ferrell of the Baltimore City Teachers Union told the Council that illegal cannabis products and vapes are “showing up in our schools, they are affecting learning attendance, engagement, school climate,” FOX45 reported. Officials citing state court system data said about 1,400 Baltimore businesses hold state licenses to sell tobacco. A tobacco license does not allow a store to sell cannabis.
Licensed Dispensary vs. Unlicensed Smoke Shop
Adult-use cannabis has been legal in Maryland since July 1, 2023, but only businesses licensed by the Maryland Cannabis Administration (MCA) may sell it. Our Maryland marijuana laws guide covers possession limits and taxes in detail. The short version of the line between legal and illegal:
| Feature | Licensed dispensary | Unlicensed smoke shop selling THC |
|---|---|---|
| License | Issued by the MCA | None for cannabis (may hold a tobacco license) |
| ID check | Required: 21+ for adult use, registered patients for medical | Not reliably enforced; officials say some sell to minors |
| Lab testing | State-tested for potency and contaminants such as mold and heavy metals | No state testing; contents and potency unknown |
| THC limits | Regulated cannabis products sold under MCA rules | Illegal to sell products over 0.5 mg THC per serving or 2.5 mg per package |
| Trusted Source logo | Allowed to display it | Not allowed |
| Legal risk to the seller | Regulated and inspected | Misdemeanor fines up to $5,000 under state law, and now possible padlocking |
That THC limit comes from Alcoholic Beverages and Cannabis Article §36-1102. Only MCA licensees whose products meet state testing and labeling standards may sell products for eating or inhaling with more than 0.5 milligrams of THC per serving or 2.5 milligrams per package. The law counts delta-8, delta-9 and delta-10 THC regardless of how they are made. A violation is a misdemeanor with a fine of up to $5,000, and selling cannabinoids that are not derived from naturally occurring plant compounds carries a fine of up to $10,000. In plain terms, the “delta-8” or “THCA” vapes and high-dose gummies sold in many corner shops are illegal in Maryland unless they come through the licensed system. There is a narrow exception for hemp tinctures with at least 15 parts CBD to 1 part THC and no more than 2.5 mg THC per serving.
How to Check If a Baltimore Store Is Licensed
- Look it up. The MCA’s Dispensary Locator lists every licensed dispensary by name, address and county. If the store is not on it, it is not a licensed cannabis retailer.
- Scan the window sticker. The MCA says to “scan the QR code at a dispensary to verify its authenticity.” Licensed stores display a sticker for that purpose.
- Look for the Green Check. Per the MCA’s Trusted Source page, only MCA-licensed businesses may display the Cannabis Trusted Source logo on a storefront or website.
- Watch the ID check. Licensed dispensaries must confirm you are 21 or older (or a registered patient). A store that skips the check is a red flag.
- Read the label. Licensed products carry state-required labeling and come from licensed Maryland processors. A bright foil bag with cartoon branding and a “hemp-derived” claim is not the same thing.
For more on picking a good store once you know it is legal, see our guide to finding the best dispensary.
What This Means for You
If you buy cannabis in Baltimore, the law does not target you. It targets the premises and the people running them. Buying at a licensed dispensary is legal for adults 21 and older within Maryland’s possession limits, and nothing in Bill 26-0193 changes that. The practical reason to skip the smoke shop is safety: unlicensed products are not state-tested, so you have no assurance about potency, mold, heavy metals or what is actually in the cartridge. Our cannabis safety guide explains why untested products are a gamble, and our explainer on K2 and spice shows how bad it gets when synthetic cannabinoids are sold as something else.
If you own or lease a building to a smoke shop, pay attention to the knowledge rule. The city can order a closure without proving you knew about the sales, and the closure can last up to a year. Check what your tenant sells and keep records.
If you run a licensed dispensary, the law is aimed at your unlicensed competition, which Maryland already bans under §36-1102.
If you see illegal sales, especially to teenagers, city officials ask residents to call 911. You can also report unlicensed THC sales to the state through the Maryland Alcohol, Tobacco, and Cannabis Commission’s tips and complaints page, which accepts reports of “unlicensed THC sales” and “products that may exceed legal THC limits.”
Federal law still matters too. Adult-use marijuana remains a Schedule I substance under federal law, even after the April 2026 order that moved state-licensed medical marijuana to Schedule III; see our federal marijuana law guide. For how other states handle these rules, browse our cannabis laws hub, and follow more stories like this on our cannabis news page.
Baltimore Padlock Law FAQ
What is Baltimore Council Bill 26-0193?
It is an ordinance that adds illegal cannabis sales to Baltimore’s public nuisance, or “padlock,” law. A business with two police reports of illegal cannabis or controlled dangerous substance sales within 24 months can face an independent hearing and a closure order of up to one year. Mayor Brandon Scott signed it on October 15, 2026.
Can a licensed Maryland dispensary be padlocked under this law?
The law covers the illegal manufacture or distribution of cannabis products. Sales by MCA-licensed dispensaries that follow state rules are legal, so they are not the target. Scott said the bill “is not about businesses that are following the law.”
How long can a shop be closed?
For the period stated in the final order, and never longer than one year. Police must begin abatement within 15 calendar days of a final order. An owner or tenant can request that the order be lifted once the problem is fixed, but only one request every 60 days.
Is it illegal for smoke shops in Maryland to sell delta-8 or THC gummies?
Generally yes. Under state law, only MCA licensees may sell products for eating or inhaling with more than 0.5 mg of THC per serving or 2.5 mg per package, and delta-8 and delta-10 count as THC. There is a narrow exception for certain high-CBD hemp tinctures.
Can I get in trouble for buying from an unlicensed shop?
The padlock law targets premises and the people running them, not customers. Adults 21 and older may possess up to 1.5 ounces of flower in Maryland, but buying untested products carries health risks, and you have no way to know what you are getting. Buy from a licensed dispensary.
How do I report a store selling cannabis illegally in Baltimore?
City officials ask residents to call 911, especially for sales to minors. You can also file a tip with the Maryland Alcohol, Tobacco, and Cannabis Commission online at atcc.maryland.gov/tips.
General information, not legal advice. Laws and enforcement can change; check the Maryland Cannabis Administration and Baltimore City Council records for current rules.
