In 2023, Maryland made the decision to legalize recreational marijuana, which means adults over 21 can now legally buy and use marijuana from dispensaries. But just because marijuana is legal doesn’t mean there are no restrictions on where, how, and when it can be bought, used, and stored.
There are still laws about where you can use it, how much you can have, and what happens if you drive after using it. Want to know how to legally consume marijuana under the new laws?
This breakdown covers everything you need to know about using marijuana legally in Maryland, especially if you’re thinking about trying it for the first time and want to be prepared.
Remember: articles on sallerlaw.com are not intended as legal advice, please consult an attorney for advice about your individual situation.
What “Legal Marijuana” Means in Maryland
Maryland’s law allows adults aged 21 and older to purchase, possess, and use marijuana, but with limits. Here’s what’s legal for adults in Maryland:
Possession: Adults can have up to 1.5 ounces of marijuana flower or 12 grams of concentrated marijuana (like oils); the combined total amount of cannabis products can not exceed 750 mg THC
Growing Plants: Each household can grow up to two marijuana plants for personal use, as long as they are not visible to the public
Private Use Only: Using marijuana in public places is still illegal, like on the street or at the park; you can only use it in a private space, like your home
It’s important to remember these limits because violating these laws can lead to legal trouble. For example, if you have more than 2.5 ounces of marijuana, you could be charged with possession with intent to distribute, which is a serious drug crime. You must remain aware at all times of how much you possess, where you are consuming marijuana, and how you travel while intoxicated.
Driving While Under the Influence (DWI) of Marijuana
Just like with alcohol, Maryland law doesn’t allow you to drive if you’re under the influence of marijuana. This is called “Driving While Impaired by Drugs” otherwise known as a DWI. Even though marijuana is legal, driving after using it is not.
How Police Check for Marijuana Impairment
Police officers are trained to look for signs of impairment during a traffic stop or following an auto accident, such as red eyes, slow reactions, and trouble staying focused. They might also perform field sobriety tests, where they ask you to walk in a straight line or follow an object with your eyes, and be legally used to determine intoxication.
Testing for Marijuana
Unlike alcohol, there isn’t a simple breath test for marijuana. Instead, police may ask for a blood test if they suspect you’re impaired by marijuana. Blood tests can show if you have THC (the part of marijuana that makes you feel high) in your system.
Penalties for DWI in Maryland
Getting caught driving under the influence of marijuana can lead to serious penalties, like losing your driver’s license, paying fines, and even going to jail. The first offense usually comes with lighter penalties, but repeat DWI offenses can lead to harsher consequences. Regardless of a medical card or legal possession, it is always illegal to drive while intoxicated under the influence of any substance.
Marijuana Paraphernalia: What’s Allowed and What’s Not
Paraphernalia are the tools and devices people use with marijuana, like pipes, bongs, grinders, and rolling papers. The good news is that, in Maryland, having marijuana paraphernalia for personal use is now legal for adults. But there are still some things to keep in mind:
Where You Can Keep Paraphernalia: You should keep any paraphernalia in a private place, like your home. Carrying it around in public can still get you in trouble if you don’t also have legal marijuana with you and can also be used as intent or evidence of consuming marijuana in a legal space or driving while intoxicated.
Selling Paraphernalia: Selling marijuana paraphernalia without a proper business license is illegal. Dispensaries and licensed shops are the only places allowed to sell these items legally in Maryland.
What Happens If You Break Marijuana Laws in Maryland
Even though marijuana is legal in Maryland, breaking certain rules can still lead to legal problems. Here are some examples of what can happen if you don’t follow Maryland’s marijuana laws and the consequences of being charged with a drug crime:
Possession Over the Legal Limit: If you’re caught with more than the legal amount of marijuana, you could face fines and possibly jail time under the intent to distribute without the proper licensing.
Public Use: Using marijuana in public, like in parks or on the street, can lead to fines and charges. Police can also charge you with public intoxication, especially if you appear to be impaired.
Giving or Selling Marijuana: Sharing marijuana with friends who are under 21 is illegal, as is selling it without a license. Getting caught doing this can lead to serious charges. You can only consume marijuana with adults over the age of 21 and you cannot privately sell marijuana.
How Saller Law Can Help if You Get Into Legal Trouble with Marijuana
If you find yourself facing any legal issues related to marijuana in Maryland, Saller Law is here to help. Here’s what we can do:
Defense for Marijuana Possession Charges: If you’re caught with too much marijuana, our drug defense lawyers can work to reduce or dismiss the charges, depending on the details of your case.
Defense for DWIs Related to Marijuana: Saller Law has experienced DWI lawyers who understand the complexities of DWI cases in Maryland. We can look into whether police had a valid reason to pull you over or if they followed proper testing procedures.
Paraphernalia and Distribution Cases: If you’re accused of selling marijuana or paraphernalia, we can help build a defense to protect your rights and minimize the impact on your life.
Tips for Using Marijuana Legally and Safely in Maryland
To help you stay safe and avoid legal trouble, here are some helpful tips if you plan on using marijuana in Maryland.
Don’t Drive After Using Marijuana: Plan for alternative transportation, like a designated driver or rideshare app, if you’ve used marijuana.
Store Marijuana Securely: Keep any marijuana you have in a safe, private place at home, away from children and pets.
Know Your Limits: Stick to the legal possession limits and only buy from licensed dispensaries. Illegal marijuana can carry risks of contamination.
Respect Public Spaces: Always remember that using marijuana in public is illegal and can lead to fines. Use it only in private spaces.
Legal Use of Marijuana in Maryland - The More You Know
The legalization of marijuana in Maryland has brought exciting changes, but it also comes with important rules to follow. Remember, just because you can legally buy and use marijuana doesn’t mean there are no risks.
Driving while impaired by marijuana, using it in public, and going over possession limits can still lead to serious consequences. Saller Law is here to help you understand your rights and defend you if legal issues arise.
If you or someone you know has questions or needs legal assistance related to marijuana, DWI, or criminal defense, don’t hesitate to reach out. We’re dedicated to helping you navigate Maryland’s marijuana laws and protect your rights.
Frequently Asked Questions
Can I drive right after using marijuana in Maryland?
No, it’s illegal to drive under the influence of marijuana. Just like with alcohol, driving impaired can lead to serious penalties.
Where can I legally use marijuana in Maryland?
You can use it in private spaces like your home. Public use, including parks, streets, and bars, is illegal.
What should I do if I get pulled over after using marijuana?
Stay calm and polite. Don’t admit to using marijuana, as anything you say can be used against you. Contact Saller Law for assistance with any charges.
Can I share marijuana with friends in Maryland?
You can share with friends who are over 21, but sharing with anyone under 21 or selling without a license is illegal.
Is it legal to grow marijuana at home?
Yes, adults can grow up to two marijuana plants per household for personal use, as long as they’re kept in a private, non-visible area.
