Recreational Cannabis in Maryland Becomes Legal on Saturday

Originally published by Baltimore Sun.

Maryland dispensaries will begin selling recreational cannabis on Saturday, the date set for legalization by the ballot question voters approved in November. Since then, the state government worked quickly to roll out a framework, taxation, and regulatory system. We answer some common questions so you aren’t hazy about what to expect at the launch of the new industry.

Who can buy and sell cannabis?

Adults 21 and older will be able to legally possess small amounts, and use and purchase cannabis products from licensed dispensaries without a medical card. Existing medical cannabis dispensaries that convert their licenses can sell to recreational users. Maryland’s cannabis reform law also authorizes the Maryland Cannabis Administration to issue new grower, processor, dispensary, and incubator licenses.

The dispensaries mapped below will be eligible to serve recreational cannabis customers beginning on Saturday, according to the Maryland Cannabis Administration. Any additional eligible dispensaries will be added to the map as they are confirmed.

Does anything change for medical cannabis patients?

The rules for medical cannabis in Maryland will still apply after Saturday. Patients will still be able to register for a medical card and obtain medical cannabis from licensed dispensaries, according to the Maryland Cannabis Administration. The new law also specifically requires all dispensaries to offer patient-only hours and exempts medical cannabis users from the sales and use tax.

What should I bring with me to buy recreational cannabis?

Recreational cannabis customers will have to show a government-issued ID to prove they’re 21 or older, according to the Maryland Cannabis Administration. It’s also a good idea to bring cash or a debit card, as major credit card companies will not process cannabis purchases due to federal prohibition. Some dispensaries have ATMs on site for this reason.

Adults 21 and older may possess up to 1.5 ounces of cannabis flower, 12 grams of concentrated cannabis, two cannabis plants, or any cannabis product containing up to 750 milligrams of delta-9-TCH at any given time.

Can I smoke cannabis in public?

Maryland counties and municipalities may approve licenses for on-site consumption establishments at which people can smoke outdoors on the premises, vape, or otherwise consume cannabis, though the county or municipality granting the license may prohibit the type of consumption allowed on the property.

Can I grow my own cannabis plants at home?

Yes. Anyone 21 and over will be allowed to grow up to two cannabis plants at home if they own the property or have consent from the property owner. The plants must be out of public view and inaccessible to anyone under 21. Regardless of how many adults over the age of 21 live in the residence, only two plants are permitted, unless one of the adults is a registered medical cannabis patient, in which case a household may have up to four plants.

Can I share cannabis with a friend?

Anyone 21 and over can share cannabis with other adults who are 21 and over in Maryland starting Saturday. The amount shared between adults can’t exceed the amount a person is allowed to posses. No money or other payment can be exchanged for the cannabis and interstate transportation is still prohibited under federal law.

Can Maryland employers still test for cannabis?

Yes. The new law doesn’t prevent employers from testing employees for cannabis. Maryland law allows employers to test for cannabis and take action against employees who test positive, even if that employee has a medical marijuana card, according to The Maryland State Bar Association.

What about people with past cannabis-related convictions or arrests?

As of January 1, 2023, any person who was incarcerated after being convicted of cannabis possession in Maryland may present an application for resentencing to the court that sentenced them. If the person is not serving a concurrent or consecutive sentence for another crime, they will be released from incarceration. Otherwise, they will be resentenced to time served.

Maryland’s cannabis reform law also establishes a process to expunge any case in which fewer than 10 grams of cannabis possession was the only charge, according to the Maryland Cannabis Administration. The Maryland Judiciary Case Search online database will also be prohibited from displaying case records where cannabis possession was the only charge.

Is it legal to drive after consuming cannabis?

Driving under the influence of alcohol or drugs — including cannabis — is illegal in Maryland. But there is no established test to determine the extent of cannabis’ impairment of drivers, aside from common sobriety field tests like walking in a straight line. Starting on Saturday, it will also be illegal for police officers to conduct traffic stops or vehicle searches based solely on the smell of cannabis. The Maryland Medical Cannabis Commission recommends waiting at least six hours after consuming cannabis to drive.

How does cannabis generate revenue for the state? What will the state spend the money on?

Maryland enacted a 9 percent tax on cannabis sales — the same rate as alcohol sales. The majority of the tax revenue will fund the Maryland Cannabis Administration, which regulates businesses and enforces state cannabis laws, while 35% of the tax revenue will be directed to communities in the state most harmed by the war on drugs.

How can I join Maryland’s cannabis industry?

In September, the Maryland Cannabis Administration will open a 30-day application period for people and businesses interested in obtaining a standard or micro cannabis license. At that time, the Cannabis Reform Act will require that all applicants are “social equity applicants,” a designation that is largely based on whether an individual has lived in an area disproportionately impacted by the criminalization of cannabis. There is a $5,000 application fee for a standard license.