Marijuana is legal in Maryland for adults 21 and older, including possession, purchases from licensed dispensaries and limited home cultivation. Maryland also operates a separate medical marijuana program that provides registered patients with higher possession and home-growing limits and tax-free purchases.
Adults may possess up to 1.5 ounces of marijuana flower, 12 grams of concentrate or marijuana products containing up to 750 milligrams of THC. Adults may also grow up to two marijuana plants per household.
Maryland voters approved recreational marijuana legalization in November 2022, and legal adult-use possession, home cultivation and retail sales began July 1, 2023.
This page covers Maryland marijuana possession limits, purchases, home cultivation, medical marijuana, taxes, public consumption, delivery and penalties. For laws in other states, visit The Marijuana Herald’s Marijuana Laws by State guide.
Last updated: September 13, 2026
Maryland Marijuana Laws at a Glance
| Law | Current Rule |
|---|---|
| Recreational marijuana | Legal for adults 21 and older |
| Adult possession limit | 1.5 ounces of flower, 12 grams of concentrate or up to 750 mg of THC in cannabis products |
| Civil possession amount | More than 1.5 through 2.5 ounces of flower, more than 12 through 20 grams of concentrate or more than 750 through 1,250 mg THC |
| Recreational sales | Legal |
| Recreational home grow | Up to 2 plants per household |
| Medical marijuana | Legal |
| Medical possession limit | Generally up to 120 grams of usable marijuana or 36 grams of THC in infused products |
| Medical home grow | Up to 4 plants per residence |
| Public consumption | Illegal |
| Adult-use marijuana tax | 12% |
| Medical marijuana tax | Exempt from the adult-use cannabis tax |
| Minimum recreational age | 21 |
Is Recreational Marijuana Legal in Maryland?
Yes. Recreational marijuana is legal in Maryland for adults 21 and older.
Adults may legally possess marijuana within the state’s personal-use limits, purchase marijuana from licensed dispensaries and cultivate a limited number of plants at home.
Legal recreational sales began July 1, 2023, following voter approval of marijuana legalization in the November 2022 election.
A medical marijuana card is not required to purchase adult-use marijuana.
How Much Marijuana Can You Possess in Maryland?
An adult 21 or older may legally possess a “personal use amount” consisting of up to:
- 1.5 ounces of usable marijuana
- 12 grams of marijuana concentrate
- Marijuana products containing up to 750 milligrams of THC
These are alternative limits rather than separate allowances that can simply be added together.
Maryland also defines a higher “civil use amount” that remains unlawful but is generally subject to a civil penalty rather than a criminal conviction.
A civil use amount is:
- More than 1.5 ounces but no more than 2.5 ounces of usable marijuana
- More than 12 grams but no more than 20 grams of concentrate
- Marijuana products containing more than 750 milligrams but no more than 1,250 milligrams of THC
Possession above the civil-use amount can result in criminal penalties.
How Much Marijuana Can You Buy in Maryland?
An adult 21 or older may purchase up to Maryland’s personal-use amount from a licensed dispensary.
That means an adult-use purchase may include up to:
- 1.5 ounces of marijuana flower, including pre-rolls
- 12 grams of concentrate
- Cannabis products containing up to 750 milligrams of THC
The limits are combined. A customer who purchases the maximum amount in one category cannot also purchase the maximum amount in another category during the same transaction.
Licensed dispensaries are the only businesses authorized to sell adult-use marijuana in Maryland.
Can Tourists Buy Marijuana in Maryland?
Yes.
Adults 21 and older do not need to be Maryland residents to purchase recreational marijuana from a licensed dispensary.
Visitors must present an accepted government-issued photo identification showing they are at least 21.
Maryland does not impose a separate lower recreational possession limit on visitors.
However, marijuana purchased in Maryland cannot legally be transported across state lines. That remains true even when a visitor is traveling to another jurisdiction where marijuana is legal.
Can You Grow Marijuana at Home in Maryland?
Yes.
Adults 21 and older may grow up to two marijuana plants for personal use.
Importantly, the two-plant limit applies per residence rather than per adult. A household with multiple adults 21 and older may still cultivate only two recreational marijuana plants.
Plants must:
- Be kept out of public view
- Be secured against unauthorized access
- Be secured from people younger than 21
- Be grown on property legally possessed by the cultivator or with the permission of the person who legally possesses the property
Maryland law specifically recognizes an enclosed, locked space inaccessible to people younger than 21 as one way of taking reasonable precautions.
Landlords and property owners may prohibit marijuana cultivation on their property.
Is Medical Marijuana Legal in Maryland?
Yes. Maryland has a comprehensive medical marijuana program that remains separate from the recreational market.
Maryland residents whose registered healthcare provider recommends medical marijuana for a qualifying condition may register with the Maryland Cannabis Administration.
Patients may purchase medical marijuana from licensed dispensaries and receive several advantages that adult-use consumers do not, including higher possession limits, additional home cultivation and exemption from the adult-use marijuana sales tax.
Individuals 18 and older may register as medical marijuana patients. Younger qualifying patients may participate through the program subject to additional caregiver requirements.
What Conditions Qualify for Medical Marijuana in Maryland?
Maryland allows medical marijuana for a range of serious or chronic conditions.
Qualifying conditions and symptoms include:
- Cachexia
- Anorexia
- Wasting syndrome
- Severe or chronic pain
- Severe nausea
- Seizures
- Severe or persistent muscle spasms
- Glaucoma
- Post-traumatic stress disorder
- A chronic or debilitating condition resulting in hospice or palliative care
Maryland also provides flexibility beyond this list.
The Maryland Cannabis Administration may approve another severe condition when conventional treatments have been ineffective and the symptoms can reasonably be expected to be relieved through medical marijuana.
This means eligibility is not limited exclusively to a short list of specifically named diseases.
How Much Marijuana Can a Medical Patient Possess in Maryland?
A qualifying medical marijuana patient may generally possess up to:
- 120 grams of usable marijuana, or
- 36 grams of THC in marijuana-infused products
A patient’s written certification determines the amount the patient may purchase during a rolling 30-day period.
A certifying provider may also determine that the standard 30-day supply is inadequate for a patient’s medical needs and authorize an appropriate amount under Maryland law.
The medical possession allowance is considerably higher than the 1.5-ounce recreational possession limit.
Can Medical Marijuana Patients Grow Marijuana at Home in Maryland?
Yes.
A registered qualifying patient who is at least 21 may cultivate up to four marijuana plants.
If two or more qualifying patients live at the same residence, no more than four plants may be grown at the residence.
Medical patients must follow the same basic security requirements that apply to recreational home growers, including keeping plants out of public view and taking reasonable precautions to prevent unauthorized access.
This is an important advantage over Maryland’s recreational law, which allows only two plants per residence.
What Are the Benefits of a Maryland Medical Marijuana Card?
Maryland’s medical program continues to offer several concrete benefits even though recreational marijuana is legal.
Registered patients receive:
- A substantially higher marijuana possession allowance
- Up to four home-grown plants instead of two
- Exemption from Maryland’s 12% adult-use marijuana sales tax
- Access to medical marijuana for qualifying patients younger than 21
- Patient-only dispensary service lines or operating periods
- Medical purchasing limits established according to the patient’s certification
Medical patients are also specifically protected under Maryland law from arrest, prosecution and certain civil or administrative penalties for marijuana use and possession authorized by the medical program.
Does Maryland Accept Out-of-State Medical Marijuana Cards?
No.
Maryland does not provide medical marijuana reciprocity allowing an out-of-state medical marijuana cardholder to purchase under Maryland’s medical program.
Only patients and caregivers registered and certified through Maryland may purchase marijuana under the state’s medical program.
However, an out-of-state visitor who is at least 21 may purchase marijuana as a recreational consumer from a licensed dispensary.
The visitor remains subject to Maryland’s recreational purchase and possession limits.
Where Can You Use Marijuana in Maryland?
Marijuana may generally be used on private property where the property owner permits it.
Smoking marijuana is prohibited in public places, including:
- Parks
- Streets and sidewalks
- Bars and restaurants
- Public transportation
- Indoor public spaces
- Indoor workplaces
Property owners, landlords and homeowners associations may impose additional restrictions on marijuana use.
Marijuana also remains prohibited on federal property located within Maryland, including federal buildings and national parks.
What Is the Penalty for Smoking Marijuana in Public?
Smoking marijuana in a public place is a civil offense in Maryland.
The maximum fine is:
- $50 for a first offense
- $150 for a second or subsequent offense
Public possession and public smoking are separate issues. Adults may legally possess a personal-use amount of marijuana, but that does not authorize smoking it in a public place.
Can You Use Marijuana in a Car in Maryland?
No.
Using marijuana while driving is illegal, and passengers are also prohibited from using marijuana in a moving vehicle.
Driving while impaired by marijuana remains illegal regardless of whether the driver legally purchased or possessed the marijuana.
A medical marijuana registration also does not provide an exemption from Maryland’s impaired-driving laws.
Can You Give Marijuana to Another Adult in Maryland?
Yes, within limits.
Maryland allows “adult sharing,” meaning an adult 21 or older may transfer marijuana to another adult 21 or older without receiving payment.
The transfer must remain within Maryland’s personal-use amount.
Adult sharing cannot involve compensation or be disguised as a commercial transaction. For example, a business cannot sell an unrelated product and advertise marijuana as a supposedly free gift attached to the purchase.
Is Marijuana Delivery Legal in Maryland?
Yes, through businesses specifically authorized to provide delivery.
Maryland’s newer micro dispensary system allows licensed micro dispensaries to deliver marijuana to both medical patients and adult-use consumers.
Delivery businesses operate within geographic regions established by the Maryland Cannabis Administration.
Consumers should use only businesses listed or authorized by the state. Unlicensed marijuana delivery services are not part of Maryland’s legal market.
Can Local Governments Ban Marijuana Stores in Maryland?
Local governments have zoning authority over marijuana businesses, but their ability to prohibit or heavily restrict legal marijuana businesses is limited by state law.
Maryland generally does not allow a political subdivision to prohibit adult-use retail marijuana sales throughout the jurisdiction or impose zoning requirements that unduly burden licensed businesses.
Local governments may regulate matters such as distances between dispensaries and residential areas within limits established by state law.
They may also prohibit on-site marijuana consumption establishments.
How Is Recreational Marijuana Taxed in Maryland?
Adult-use marijuana is subject to a 12% Maryland sales and use tax.
The tax increased from 9% to 12% effective July 1, 2025.
Medical marijuana purchases made by qualifying patients are exempt from the adult-use marijuana tax.
Local governments cannot impose their own separate marijuana tax.
The tax difference is another significant financial advantage of participating in Maryland’s medical marijuana program for people who qualify and purchase marijuana regularly.
What Are the Penalties for Possessing Too Much Marijuana in Maryland?
Maryland separates possession into personal-use, civil-use and criminal amounts.
| Amount | Penalty |
|---|---|
| Personal-use amount for an adult 21+ | Legal |
| More than 1.5 ounces through 2.5 ounces of flower | Civil offense, up to a $250 fine |
| More than 12 through 20 grams of concentrate | Civil offense, up to a $250 fine |
| More than 750 through 1,250 mg THC in products | Civil offense, up to a $250 fine |
| More than the civil-use amount | Misdemeanor, up to 6 months in jail and/or a $1,000 fine |
Adults 21 and older therefore do not immediately face a criminal possession charge simply for exceeding the 1.5-ounce legal limit. Amounts within the civil-use range are handled as civil offenses.
Possession above those thresholds may result in criminal prosecution.
Different laws and potentially more serious penalties apply when there is evidence of an intent to distribute marijuana.
What Are the Marijuana Possession Penalties for People Under 21?
People younger than 21 generally cannot legally possess recreational marijuana.
Possession of a personal-use or civil-use amount by someone younger than 21 is treated as a civil offense rather than ordinary adult legal possession.
Depending on the person’s age and circumstances, the court may impose a fine and require drug education, assessment or treatment.
Possession above the civil-use amount can result in criminal penalties.
Qualifying medical marijuana patients are governed separately by Maryland’s medical marijuana laws.
What Are the Penalties for Growing Too Many Marijuana Plants?
Maryland adults may legally grow only the number of plants authorized by law.
Recreational growers are limited to two plants per residence, while qualifying medical patients 21 and older may grow up to four plants per residence.
Cultivating marijuana contrary to Maryland’s home-grow law is a misdemeanor punishable by up to three years in prison, a fine of up to $5,000 or both.
Growers must also comply with requirements concerning public visibility, property rights and preventing unauthorized access.
What Changed With Maryland Marijuana Laws in 2026?
Maryland’s basic adult-use possession and home cultivation limits remained unchanged in 2026, but the regulated market continued evolving.
The Maryland Cannabis Administration issued updated dispensary guidance in February 2026 that, among other changes, allowed dispensaries to use walk-up windows under requirements similar to those governing drive-through dispensing.
Maryland’s rollout of micro dispensaries has also expanded the state’s marijuana delivery system. The Cannabis Administration’s dispensary directory, updated September 8, 2026, lists delivery regions covering the state.
Lawmakers also approved Senate Bill 439 in 2026, creating employment protections related to medical marijuana use for certain fire and rescue public safety employees. Gov. Wes Moore signed the measure April 28. The law takes effect October 1, 2026.
The state’s 12% adult-use marijuana tax, which took effect July 1, 2025, remains in place in 2026.
Are THCA, Delta-8 and Hemp-Derived THC Legal in Maryland?
Maryland tightly restricts intoxicating hemp-derived THC products. Products intended for consumption or inhalation that contain more than 0.5 milligrams of THC per serving or 2.5 milligrams per package generally may only be sold through businesses licensed under the state’s cannabis system. Maryland counts delta-8, delta-9 and delta-10 THC regardless of how they are derived.
That means intoxicating delta-8 products and high-THC hemp products cannot generally be sold by ordinary smoke shops, convenience stores or other unlicensed retailers. The Maryland Cannabis Administration has specifically said delta-8 and delta-10 products may not be sold outside the regulated cannabis market. High-THCA products that fall outside Maryland’s hemp limits are likewise subject to the state’s cannabis rules.
Related Marijuana Laws and Protections
Residents should also be aware that legalization does not eliminate restrictions on impaired driving or guarantee workplace protections. See our guides to marijuana DUI laws by state and marijuana employment laws for a broader look at how Illinois compares with other states.
People with past marijuana convictions may also qualify for record-clearing relief. Our Marijuana Expungement Laws by State guide explains how all 50 states handle expungement and related relief.
Official Sources
Maryland Cannabis Administration: Adult-Use Cannabis FAQs
Maryland General Assembly: Criminal Law § 5-101, Personal Use and Civil Use Amounts
Maryland General Assembly: Criminal Law § 5-601, Marijuana Possession and Public Smoking Penalties
Maryland General Assembly: Criminal Law § 5-601.2, Home Cultivation
Maryland General Assembly: Alcoholic Beverages and Cannabis § 36-302, Medical Marijuana Possession and Home Cultivation
Maryland Office of the Comptroller: Adult-Use Marijuana Tax Information
