In May 2011, Maryland Gov. Martin O’Malley signed Senate Bill 308, which let medical marijuana patients charged with possession be found not guilty if they proved medical necessity in court, but gave them no protection from arrest and no legal way to buy cannabis. We called it the worst medical marijuana law in the country at the time. It took two more laws, in 2013 and 2014, and more than six years before Maryland patients could buy medical cannabis at a licensed dispensary, on December 1, 2017.
What Happened
SB 308 was introduced on February 2, 2011, by Sen. David Brinkley, Sen. Jamie Raskin and more than 20 co-sponsors. As first written, it would have created a state-regulated system of licensed growers and dispensing centers. After the state health secretary testified against that plan, lawmakers rewrote it in March into a much narrower bill (NORML).
The version O’Malley signed, which took effect June 1, 2011, did three things:
- Turned a mitigating factor into a full defense. Under the old law, a patient who proved medical necessity was still convicted of a misdemeanor and could be fined up to $100. Under SB 308, a court that found medical necessity had to enter a finding of not guilty. The defendant had to prove necessity by “clear and convincing evidence,” for example with a doctor’s written statement (SB 308 text).
- Kept limits. The full defense covered possession of up to 1 ounce. Patients who grew their own or had more than an ounce could still raise medical necessity, but only to reduce their sentence (Marijuana Policy Project).
- Ordered a study. It created a work group of medical, legal and law enforcement members to design a model medical marijuana program and report by December 1, 2011.
Why It Mattered
SB 308 improved the Darrell Putman Compassionate Use Act of 2003, Maryland’s first medical marijuana law, which capped the penalty for patients at a $100 fine but still left them with a conviction. Even after 2011, patients could be arrested, had to pay lawyers to raise the defense at trial, and had nowhere legal to buy cannabis. That was the core of our 2011 complaint: a doctor’s note was a courtroom argument, not a shield. The Marijuana Policy Project, which backed the bill, called it “improvement legislation” and said it would return for a comprehensive law.
What Happened Next
2013: The academic medical center law
In 2013 the General Assembly passed HB 1101, sponsored by Del. Dan Morhaim and others, creating the Natalie M. LaPrade Medical Marijuana Commission. It passed the House 108 to 28 and the Senate 42 to 4, and O’Malley signed it on May 2, 2013, as Chapter 403 (Maryland General Assembly, HB 1101). The law limited medical marijuana to programs run by academic medical centers, which then had to apply to the commission. None stepped forward, so the program existed only on paper.
2014: Licensed growers and dispensaries
Lawmakers tried again with HB 881, which let the commission license growers and dispensaries and certify physicians. It passed 125 to 11 in the House and 44 to 2 in the Senate, and O’Malley signed it on April 14, 2014, as Chapter 240, effective June 1, 2014 (Maryland General Assembly, HB 881). Writing regulations, scoring license applications and building facilities took more than three years.
2017: First sales
Maryland’s medical program became operational on December 1, 2017, when the first licensed dispensaries opened. By September 2019 the state had 18 licensed growers, 82 dispensaries and about 70,000 registered patients (Cannabis in Maryland).
Where It Stands in 2026
Maryland went from one of the weakest medical laws to full legalization. Voters approved Question 4 in November 2022 with 67.2% of the vote, and adult-use sales began July 1, 2023, through the same dispensaries that served patients. The medical program continues under the Maryland Cannabis Administration. Our Maryland marijuana laws guide covers current possession limits, home grow rules and the 12% sales tax. Federal rules, including the April 2026 move of state-licensed medical marijuana to Schedule III, are in our federal marijuana law guide. For more state histories, see marijuana history.
Maryland Medical Marijuana History FAQ
What did Maryland SB 308 (2011) do?
It let patients charged with possessing up to 1 ounce be found not guilty if they proved medical necessity by clear and convincing evidence. It did not prevent arrest or create any legal way to buy cannabis.
When did Maryland first legalize medical marijuana?
The 2003 Darrell Putman Compassionate Use Act offered reduced penalties, SB 308 added a full defense in 2011, and HB 881 created a licensed program in 2014. The first dispensary sales took place December 1, 2017.
Why did the 2013 Maryland medical marijuana law fail?
HB 1101 allowed only academic medical centers to run programs, and none chose to participate. HB 881 replaced that model with licensed growers and dispensaries in 2014.
Is marijuana legal in Maryland now?
Yes. Adults 21 and over have been able to buy cannabis at licensed dispensaries since July 1, 2023, after voters approved Question 4 in 2022.
Originally reported by The Weed Street Journal; rewritten and updated in October 2026 with what happened next.
