By James Buddsey · Updated October 15, 2026

Yes. Under Maryland marijuana laws, adults 21 and older can legally possess up to 1.5 ounces of cannabis flower, 12 grams of concentrate or 750 milligrams of THC in cannabis products, and can grow 2 plants at home. As of October 2026, licensed dispensaries sell to any adult with a valid photo ID, purchases carry a 12% sales tax (raised from 9% on July 1, 2025), and smoking in public is a civil offense.

Maryland voters approved adult-use cannabis in November 2022, and the Cannabis Reform Act set up the licensed market that opened on July 1, 2023. Possession amounts are defined in the Criminal Law Article, while sales, licensing and hemp products fall under the Alcoholic Beverages and Cannabis Article. This guide explains what the law says as of October 2026, with links to each statute. It is general information, not legal advice.

Maryland Cannabis Laws at a Glance

Topic The rule in Maryland Source
Legal status Legal for adults 21+ and for registered medical patients Crim. Law §5-601
Legal age 21+ for adult use; registered medical patients and caregivers 18+ AB&C §36-1101
Possession limit (personal use amount) 1.5 oz flower, 12 g concentrate, or 750 mg delta-9 THC in products Crim. Law §5-101
Over the limit, up to 2.5 oz Civil offense, fine up to $250 Crim. Law §5-601(c)
Home grow 2 plants per adult 21+, 2 per household maximum; medical patients 4 Crim. Law §5-601.2
Where to buy Dispensaries licensed by the Maryland Cannabis Administration MCA
Public use Smoking in public: civil fine up to $50 first time, up to $150 after Crim. Law §5-601(c)(4)
Driving Driving while impaired by a drug is illegal; drivers may not smoke or consume cannabis in the passenger area Transp. §21-903
Taxes 12% sales and use tax since fiscal 2026 (July 1, 2025) Tax-Gen. §11-104(k)
Regulator Maryland Cannabis Administration (MCA) cannabis.maryland.gov

Is Marijuana Legal in Maryland?

Yes, for adults 21 and older. In 2022 the General Assembly passed a constitutional amendment, HB 1 (Chapter 45 of 2022), that let adults 21 and older use and possess cannabis on or after July 1, 2023, if voters approved it. Voters did, in November 2022. The next spring lawmakers passed the Cannabis Reform Act, HB 556 (Chapter 254 of 2023), which created the Maryland Cannabis Administration (MCA), converted the existing medical dispensaries to serve adults as well, and set the original 9% sales tax.

Maryland’s medical program continues inside the same system, and licensed dispensaries serve registered patients under the medical rules.

Selling without a license, smoking in public and driving while impaired are still illegal, and adult-use cannabis remains illegal under federal law. That matters at BWI, on federal land and at military installations around the state. See our guide to federal marijuana law in 2026.

How Much Cannabis Can You Possess in Maryland

Maryland law measures possession in two tiers, defined in Criminal Law §5-101.

The personal use amount, which adults 21 and older may legally possess, is any one of:

  • 1.5 ounces of usable cannabis (flower),
  • 12 grams of concentrated cannabis (vapes, wax, rosin), or
  • cannabis products containing up to 750 milligrams of delta-9 THC (edibles, tinctures, drinks),
  • plus 2 or fewer cannabis plants.

The civil use amount is the band just above that: more than 1.5 ounces up to 2.5 ounces of flower, more than 12 up to 20 grams of concentrate, or more than 750 up to 1,250 milligrams of THC in products. Under Criminal Law §5-601(c), possessing a civil use amount is a civil offense with a fine of up to $250.

Above the civil use amount, possession is a misdemeanor punishable by up to 6 months in jail, a fine of up to $1,000, or both. People under 21 who possess a personal use amount commit a civil offense with a fine of up to $100, and a court may order drug education or a substance use assessment.

Where You Can Use Cannabis in Maryland

Use cannabis on private property where the owner allows it. Smoking cannabis in a public place is a civil offense under Criminal Law §5-601(c)(4), with a fine of up to $50 for a first finding and up to $150 for a second or later one.

In vehicles, Transportation §21-903 bars the driver from smoking or consuming cannabis in the passenger area of a vehicle on a highway, whether it is moving, stopped or parked. A locked glove compartment and the trunk do not count as the passenger area, so that is where sealed purchases belong.

Buying Cannabis in Maryland: Dispensaries, ID and Tourists

  • Who can buy: Under AB&C §36-1101, a dispensary must check a driver’s license or other government photo ID with a date of birth showing you are 21 or older. Maryland residency is not required for adult-use purchases, so visitors can buy.
  • Licensed sellers only: The MCA lists licensed dispensaries in its dispensary locator. Only MCA licensees may display the state’s “Cannabis Trusted Source” logo.
  • Hemp shops and gas stations: Under AB&C §36-1102, anyone without a cannabis license may not sell a product with more than 0.5 milligrams of THC per serving or 2.5 milligrams per package. The law counts delta-8, delta-10 and other intoxicating cannabinoids as THC, however they are made. Unlicensed sellers who break the rule face a misdemeanor fine of up to $5,000 under §36-1104.

Medical Cannabis in Maryland

To use the medical program, a patient needs a written certification from a provider registered with the MCA, within a bona fide provider-patient relationship, as defined in AB&C §36-101. Patients under 18 need a caregiver. The MCA medical page says patients must show a valid government photo ID along with their patient ID card or number, and that a Maryland state-issued ID is required to buy medical cannabis at a Maryland dispensary. Out-of-state medical cards are not a way around that, but visitors can still shop as adult-use customers.

Benefits for registered patients include:

  • Age: patients and caregivers 18 and older can buy at dispensaries, while younger patients are served through a caregiver.
  • Home growing: patients 21 and older may grow up to 4 plants, with a cap of 4 per residence, under AB&C §36-302.
  • Caregivers: a caregiver may serve up to 5 patients, and a patient may generally have up to 2 caregivers.

Growing Cannabis at Home in Maryland

Adults 21 and older may grow up to 2 plants. If two or more adults live at the same residence, the household is still capped at 2 plants. The rules in Criminal Law §5-601.2 also require that:

  • plants not be visible from a public place or another private property without binoculars, aircraft or other optical aids,
  • the grower take reasonable precautions against access by anyone under 21, such as an enclosed, locked space, and
  • the grow be on property the grower lawfully possesses, or with the consent of the person who does.

Breaking these rules is a misdemeanor punishable by up to 3 years in prison, a $5,000 fine, or both. That is a much stiffer penalty than simple over-limit possession, so take the 2-plant cap seriously.

Driving and Cannabis in Maryland

Maryland does not set a THC blood limit. Under Transportation §21-902, it is illegal to drive while so impaired by any drug, or drugs combined with alcohol, that you cannot drive safely. Being legally entitled to use the drug is not a defense.

Taking Cannabis Across Maryland’s Borders, Airports and Federal Land

  • To neighboring states: Carrying cannabis across any state line is illegal under federal law. Neighboring states have their own, often stricter, rules. See our Pennsylvania, Virginia, Delaware and West Virginia guides.
  • Flying: The TSA follows federal law and refers cannabis found at screening to police. Taking cannabis on a flight out of BWI or any airport is illegal under federal law.
  • Federal property: Military bases, federal campuses and national parks follow federal law, where adult-use cannabis is still a Schedule I drug.

Maryland Cannabis Taxes in 2026

Under Tax-General §11-104(k), the sales and use tax on cannabis was 9% for fiscal years 2024 and 2025, and is 12% for fiscal year 2026 and every year after. Maryland’s fiscal year starts July 1, so the 12% rate has applied since July 1, 2025.

Expungement of Cannabis Records in Maryland

Maryland expunges many low-level cannabis records automatically. Under Criminal Procedure §10-105.1, records of a civil cannabis possession citation under §5-601(c)(2)(ii) must be expunged 3 years after the case ends, if no charge resulted in anything other than acquittal, dismissal, not guilty or certain nolle prosequi dispositions. For older convictions, check the Maryland Judiciary’s expungement resources or talk to a lawyer.

What Changed in Maryland Cannabis Law Recently

  • Tax increase (July 1, 2025): the cannabis sales tax rose from 9% to 12%.
  • Advertising and social equity (2026): SB 594 (Chapter 416 of 2026) bars cannabis advertising that directly targets people under 21, allows limited exterior dispensary signage, and changes the ownership requirement for social equity applicants.
  • Medical cannabis for firefighters (2026): SB 439 (Chapter 183 of 2026) bars employers from certain discriminatory actions against fire and rescue public safety employees who use medical cannabis, subject to conditions.
  • Federal rescheduling (April 2026): marijuana held under a state medical marijuana license, and FDA-approved marijuana products, moved to Schedule III. Adult-use cannabis remains Schedule I while a broader proceeding is on hold. See our federal law guide.
  • Federal hemp redefinition (late 2026): synthesized cannabinoids such as delta-8 made from CBD lose federal hemp status on November 12, 2026, and a 0.4 mg total THC per container cap applies to naturally occurring cannabinoids from December 11, 2026. Maryland already restricts intoxicating hemp to licensed dispensaries.

From the editor, James Buddsey: Maryland’s limits trip people up because they are written as three separate caps: 1.5 ounces of flower, 12 grams of concentrate or 750 milligrams of THC in products. Read the statute and you will see the word “or.” If you are carrying a mix, stay well under each number and keep receipts with your products.

Maryland Marijuana Laws FAQ

Is weed legal in Maryland?

Yes. Since July 1, 2023, adults 21 and older may possess the personal use amount: 1.5 ounces of flower, 12 grams of concentrate or 750 milligrams of THC in cannabis products, under Criminal Law §5-101 and §5-601.

How much weed can you carry in Maryland?

Up to the personal use amount. Carrying more than that, up to 2.5 ounces of flower, 20 grams of concentrate or 1,250 milligrams of THC, is a civil offense with a fine of up to $250. More than that is a misdemeanor.

Can tourists buy weed in Maryland?

Yes. Adults 21 and older with a valid government photo ID showing their date of birth can buy at MCA-licensed dispensaries. Medical purchases require a Maryland ID and registration with the MCA.

Can you grow weed in Maryland?

Yes. Adults 21 and older may grow 2 plants, with a maximum of 2 per household, out of public view and secured from people under 21. Registered medical patients 21 and older may grow 4.

Can you smoke weed in public in Maryland?

No. Smoking cannabis in a public place is a civil offense with a fine of up to $50 for a first finding and up to $150 for repeat findings.

What is the penalty for possession in Maryland?

None for adults within the personal use amount. A civil use amount brings a fine of up to $250. Above that, possession is a misdemeanor with up to 6 months in jail and a $1,000 fine.

Is delta-8 legal in Maryland?

Only through licensed dispensaries. Maryland treats delta-8 and other intoxicating cannabinoids as THC, and unlicensed sellers may not sell products above 0.5 mg of THC per serving or 2.5 mg per package.

What is the cannabis tax in Maryland?

12%, under Tax-General §11-104(k), since July 1, 2025. The rate was 9% when sales began in 2023.

More State and Federal Cannabis Law Guides

Compare Maryland with every other state in our state cannabis law guides, or read our explainer on federal marijuana law in 2026. Crossing a border? See the guides for Delaware, Pennsylvania, Virginia and West Virginia.

Neighboring state guides: Pennsylvania · Delaware · Virginia · West Virginia · Washington, D.C. · All state cannabis laws

General information about Maryland cannabis law as of October 2026, not legal advice.