Marijuana is legal in Maryland starting July 1. What to know

June 30, 2023
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Starting Saturday, it will be legal to use and buy recreational marijuana in the state of Maryland.

Here’s a guide to everything you need to know about the new law, including which dispensaries will be selling recreational marijuana, the impacts on law enforcement, public safety and beyond.

The basics:

When did Maryland approve recreational marijuana?

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Back in the November 2022 elections, Maryland voters approved legalizing recreational marijuana in a constitutional amendment.

Who is allowed to use or possess marijuana?

Adults 21 and older can use and possess non-medical cannabis, according to the new law.

How much marijuana can adults possess?

“Adults 21 years and older will be able to possess up to 1.5 ounces of cannabis flower, up to 12 grams of concentrated cannabis or a total amount of cannabis products that do not exceed 750 mg of THC. This is known as the ‘personal use amount,’" according to the Maryland Cannabis Administration.

Where is cannabis use allowed, and where is it prohibited?

You can consume or smoke marijuana at home or in a private setting, but it’s illegal to use it in public places, including parks, streets, sidewalks, bars, restaurants, public transportation and places of employment.

The Department of Parks and Recreation in Prince George’s County sent out a reminder to the community that its parks have been, and will continue to be, smoke-free.

It’s also illegal to use cannabis inside a vehicle – whether you're a driver or a passenger. Impaired driving remains illegal under Maryland law. Police officers can make a cannabis DUI arrest if they observe impairment using a standard field sobriety testing method, the Maryland Cannabis Administration said.

Because marijuana remains illegal at the federal level, you also aren’t allowed to bring it onto any federal property, such as national parks.

Can I travel outside of Maryland with marijuana?

No. Under federal law, it's illegal to carry or transport cannabis over state lines, including medical marijuana. So, if you live in D.C. or Virginia and you legally buy marijuana from a dispensary in Maryland, you cannot take it back home with you. Mailing cannabis in or out of the state is also illegal.

Can I grow cannabis at home?

Yes. Adults are allowed to grow up to two marijuana plants, but they must be out of public view and secured so that others, including people under 21, can’t get access to them. No more than two cannabis plants can be grown per household, regardless of the number of adults who live at the residence.

The plants can only be grown on property owned by the grower or with the consent of the property owner.

Can I share or give cannabis to friends?

Yes. It’s legal for adults 21 and older to share with other adults starting July 1, as long as the amount is within the legal personal use limit, and no money or other type of payment is exchanged.

Giving someone more than the legal amount or accepting payment could qualify as possession with the intent to distribute, the People’s Law Library says. That criminal charge faces penalties of three years in prison and/or a $5,000 fine.

Shelves of marijuana products are seen at a dispensary in Silver Spring, Maryland (Credit: NBC Washington)

Retail and dispensaries in Maryland:

Can I buy marijuana and cannabis products?

Yes. Unlike D.C. and Virginia, Maryland has established a legal retail market for cannabis. The Maryland General Assembly passed House Bill 556 and Senate Bill 516, which develop a framework for adult-use sales to begin on July 1.

People age 21 and older can buy cannabis products from licensed dispensaries as long as they show government-issued photo ID to prove their age.

Where are Maryland's recreational marijuana dispensaries?

Here’s a full list of Maryland dispensaries that are licensed for adult-use sales.

RISE, which has four Maryland locations in Bethesda, Hagerstown, Joppa and Silver Spring, is among the dispensaries gearing up for a boom in sales.

"You know, this is a really historic moment for us, and we're just really humbled to be apart of this," said Marko Steinhagen, a manager for RISE.

All four RISE locations will have celebrations happening on July 1 with music and food.

What's the tax on cannabis products?

Marijuana and concentrated products are subject to a 9% state sales tax, the same as alcohol. State regulators have estimated recreational marijuana could generate as much as $600 million in sales the first year.

Is it legal to sell marijuana in Maryland?

No. Selling cannabis without the proper licensing is illegal. It's classified as a criminal misdemeanor and punishable by up to three years imprisonment and/or a fine of up to $5,000, according to the People’s Law Library.

Policing:

Who is overseeing and enforcing Maryland’s new recreational marijuana law?

The Maryland Cannabis Administration regulates cannabis businesses, while state and local law enforcement agencies will be enforcing laws regarding usage and possession.

"We've seen this day coming and we've been preparing for this," Montgomery County Police Chief Marcus Jones told News4.

Hi, Marylanders! We are the #MarylandCannabisAdministration (MCA), overseeing:

✅ licensing

✅ registration

✅ inspection

✅ testing

pertaining to Maryland’s medical and adult-use cannabis industry. Check back here for more updates. #MCA #MarylandCannabis #MDCannabis pic.twitter.com/SCw5B9lmzG — MD Cannabis (@MDCannabis) June 28, 2023

How will police stop people from driving under the influence of marijuana?

Montgomery County police began preparing and training officers last year on the changes to the law, and how to spot marijuana impairment behind the wheel, which Jones says he is most concerned about.

"That's very important to keep our roadways safe. That's a top priority of ours," he said.

What are the penalties for underage use and possession?

"People under the age of 21 can't purchase or possess it or ingest it. So that's the important rule that we need to make sure people are aware of," Jones said.

Possession of 2.5 ounces or less, the “civil use” amount, could result in a fine, a court order to attend drug education programming and a referral for assessment or treatment of a substance use disorder. Having more than 2.5 ounces could result in criminal penalties.

Health and safety:

What are the health risks of using marijuana?

Dr. Daniel Gingold, an assistant professor and emergency physician with the University of Maryland Medical Center, said the risk of health complications from smoking or consuming marijuana are low overall.

“Overdoses from marijuana are quite rare and usually just provide an unpleasant experience for the user, but usually aren’t dangerous,” Gringold told News4. “Sometimes it causes, you know, anxiety or paranoia and, every once in a while, people can have hallucinations, but those are usually short-lived and go away on their own.”

What are the dangers of children consuming cannabis, and what precautions should parents take?

There's been a sharp rise in the number of young children, especially toddlers, who have accidentally eaten marijuana-laced edibles and treats over the past five years as pot becomes legal in more places, according to study published early this year.

Nearly a quarter of the more than 7,000 children under age 6 who ingested edibles wound up hospitalized, some seriously ill, according to the analysis in the journal Pediatrics.

"THC gummies definitely in any quantity pose a risk to children. There's many reasons for that. One is that the packaging does not include any kind of a child-proof mechanism," Dr. Jill McCabe, a pediatric emergency room physician at Inova Loudoun Hospital in Virginia, previously told News4. "They also look like candy and so they are something, when children come across them, most children are going to put that in their mouth and ingest it."

A Maryland parent shared a cautionary tale with News4 in 2021 after her toddler unknowingly ate some of the marijuana edibles she was prescribed for sleep.

"He was unusually lethargic," Elizabeth Perry said. "... I was putting him to sleep and laid him down, and he started shaking and crying and looked at me with just utter fear in his eyes."

Gingold said parents should lock up any marijuana treats or products containing THC in a place that's high up and hard for children to reach.

What should I do if my child accidentally eats THC gummies?

A call to Poison Control, 1-800-222-1222, might be enough if the child is showing minor symptoms, doctors say. But any serious symptoms such as vomiting or lethargic behavior require a trip to the ER.

Poison Control said other common side effects children can experience include: rapid heart rate, drowsiness, confusion, hallucinations, an abnormally slow heart rate and low blood pressure.

What other populations should be cautious when it comes to cannabis usage?

Out of an abundance of caution and limited research, doctors recommend that people who are pregnant or breastfeeding not use marijuana, Gingold said. Some research suggests marijuana could have a negative impact on developing brains, and there’s evidence that THC is passed into breast milk. You can find more information on this from the Centers for Disease Control and Prevention.

Gingold added that people with lung diseases and respiratory issues such as asthma should probably refrain from smoking or vaping and use edibles or other products instead.

Older senior citizens are also more at risk if they consume too much cannabis because they’re more prone to falls and confusion, Gingold said.

The Associated Press contributed to this report.

Source: NBC4 Washington