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Cannabis And Drugs

Crim. Law § 5-601 — legal for adults 21 and over up to the personal use amount, 1.5 ounces

21 and over, up to the personal use amount. Possessing cannabis is not a crime in Maryland for an individual at least 21 years old who holds no more than the personal use amount.

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Personal use amountCivil use amount
Usable cannabisPersonal use amountUp to 1.5 ouncesCivil use amountOver 1.5 up to 2.5 ounces
Concentrated cannabisPersonal use amountUp to 12 gramsCivil use amountOver 12 up to 20 grams
Products with THCPersonal use amountUp to 750 milligramsCivil use amountOver 750 up to 1,250 milligrams
PlantsPersonal use amountTwo or fewerCivil use amount
Cannabis offenseWhat it isPenalty up to
Cannabis offensePersonal use amount, under 21What it isCivil offensePenalty up to$100 fine
Cannabis offenseCivil use amountWhat it isCivil offensePenalty up to$250 fine
Cannabis offenseSmoking in a public place, firstWhat it isCivil offensePenalty up to$50 fine
Cannabis offenseSmoking in a public place, second or laterWhat it isCivil offensePenalty up to$150 fine
Cannabis offenseMore than the civil use amountWhat it isMisdemeanorPenalty up to6 months, a $1,000 fine, or both

An officer with probable cause of a personal or civil use amount violation issues a citation. The adjudication is not a criminal conviction for any purpose, and the person may request a trial within 30 days. A person under 21 is summoned for trial and may not prepay the fine.

Possessing any other controlled dangerous substance without a prescription is a misdemeanor carrying up to 1 year or $5,000 for a first conviction, up to 18 months for a second or third, and up to 2 years for a fourth or later. Before sentencing, the court may order an assessment for substance use disorder, and where it finds treatment is needed it generally suspends the sentence for probation and treatment.

Sources for this section (3)
  1. Md. Code, Crim. Law § 5-601 — Possession of a controlled dangerous substance
  2. Md. Code, Crim. Law § 5-101 — Controlled dangerous substances: definitions, including cannabis amounts
  3. Md. Code, Crim. Law § 5-601.1 — Cannabis citations and civil offenses

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.