Cannabis Legalization Status in Maryland
Maryland is a fishing-friendly state in the United States. It's a destination worth seeing, especially if you appreciate exploring amazing tourist attractions. Maryland is a great spot to visit for a vacation! However, if you're a cannabis user searching for a new area to experiment with your herb, Maryland might not be the greatest choice.
Maryland residents can only possess up to 120 grams or about 4.23 ounces of marijuana and 36 grams of THC-infused consumables every 30 days. It is allowed only if they have a documented prescription from a doctor qualified to recommend marijuana, according to SB 923 and HB 881, which were approved in 2014.
You may find the restrictions perplexing, which is why we've included more extensive information in this post to answer any concerns you may have regarding cannabis in Maryland. Read on for more details.
● Is Cannabis Legal in Maryland
● Regulations About Cannabis
● How to Legally Obtain Medical Marijuana?
● Cannabis Business in Maryland
Is Cannabis Legal in Maryland?
Medical marijuana is permitted in Maryland, but recreational cannabis is not. Possession of 10 grams or 3/8 oz or less is, nonetheless, legal. With 409 arrests per 100,000 persons in 2010, Maryland has the fifth-highest total incident rate for pot possession in the United States. Marijuana charges accounted for 49.9% of all drug offenses charges in the area that year.
In addition, Black persons in Maryland were 2.9 times more likely than white persons to be prosecuted for pot possession. Governor Martin O'Malley, on the other hand, passed a bill in April 2014 decriminalizing the purchase of 10 grams or less of cannabis. The law rendered such ownership a civil offense, equivalent to receiving a traffic ticket. On October 1, 2014, the legislation went into force.
According to the law, people over the age of 21 who are suspected of carrying less than 10 grams of marijuana must pay a fine and undergo drug educational programs. The Maryland cannabis legislation act was proposed in the state legislature in 2017 to legalize, tax, and regulating recreational marijuana in the state.
The legislation would have enabled those aged 21 and above to carry up to an ounce of cannabis and produce up to six marijuana plants legally, with a $30 per ounce assessment fee for growers and a 9% sales tax for purchasers. Prior arrests for marijuana possession in those amounts or less would be expunged under the bill's provisions. The bill was not approved.
Latest Updates
The Maryland House of Delegates approved a measure (94-36) on February 12, 2021, that would have raised the quantity of marijuana legalized from 10 grams to one ounce. The measure, HB 324, was cross-filed in the Senate (SB 143), but the Senate decided not to take it up before the conference concluded.
Before the senate's truncated 2020 conversation ended, members passed HB 83, which will immediately protect historical marijuana offenses that occurred before October 1, 2014. Regrettably, Governor Larry Hogan vetoed the bill. During the 2021 assembly, the house overruled Gov. Hogan's veto, and the act was declared official on February 12, 2021.
In 2020, the House passed a similar bill, but the Senate did not take it up before the session departed early due to the coronavirus outbreak. The General Assembly adjourned its 2021 parliamentary session on Monday, April 12th, without taking any action on legislation.
During the 2021 state legislature, Delegate Jazz Lewis presented and supported HB 32, or "The Cannabis Legalization and Regulation, Inclusion, Restoration, and Rehabilitation Act of 2021."
Regulations About Cannabis
Since cannabis is not yet entirely legal in Maryland, the state has passed medicinal marijuana legislation and outlawed small quantities of personal possession. In Maryland, cannabis ownership of fewer than 10 grams is legalized and punishable by a civil fine of up to $100. Bigger quantities, however, are illegal.
It is a crime to have any amount of marijuana in your possession with the intent to sell it. The maximum penalty is five years in jail and a fine of $15,000 if the quantity is less than 50 pounds. The penalties are the same with weights larger than 50 pounds, except that a five-year obligatory minimum jail sentence is applied.
Maryland has a "drug kingpin" legislation that punishes elevated smugglers with at least 20 years in jail and up to 40 years in jail, as well as penalties of up to $1 million. In addition, transporting marijuana is a crime in Maryland, with any cannabis violation involving five kilos or more being deemed smuggling.
The maximum penalty is 10 years in jail plus $10,000 in penalties if the amount is between five and 45 kg. The maximum penalty for trafficking is 25 years in jail and $50,000 in fines for amounts higher than 45 kilos. For drug trafficking while in possession of a handgun, a term of at least five years and up to twenty years is imposed.
What the Law Says About Medical Cannabis
In 2013, Maryland passed a medicinal cannabis law that requires institutions to learn how to participate in cannabis dispensing. In 2014, a new regulation was adopted, enabling dispensaries and farmers to supply medical cannabis to registered patients who have acquired a written referral from their doctor.
You must have been clinically diagnosed with qualifying diseases such as cachexia, anorexia, chronic pain, glaucoma, or PTSD to receive medicinal marijuana lawfully. These qualifying ailments also include severe muscular spasms, extreme nausea, seizures, and other chronic medical disorders. Patients are authorized to have a 30-day supply under the law, but edibles are not permitted.
How to Legally Obtain Medical Marijuana?
Residents of Maryland must register with MMCC as patients. Patients, including minors and adults, must register to become patients. Individuals must acquire a valid written recommendation from a provider licensed with the Maryland Medical Cannabis Commission after completing the registration process.
By law, the patient must have a genuine provider-patient connection with the provider, and the provider must authorize medicinal marijuana as a therapeutic option for a qualifying medical condition. Any provider who holds a current, unrestricted license from their respective board and is actively licensed to prescribe controlled medications in Maryland is eligible to register with MMCC.
The provider will require the patient's MMCC-issued Patient ID Number to provide the medical cannabis certification through the Commission's secure online form once both the patient and the physician have enrolled with MMCC. Patients can acquire medicinal cannabis from licensed Maryland shops after registering, getting a valid written prescription from a certified practitioner, and generating a temporary MMCC Patient ID card.
Patients will be asked to display their MMCC ID card when purchasing medicinal cannabis from a licensed dispensary. Before executing any activity, the dispensary agent will check the patient's accreditation in the Commission's system.
FAQs
How Can You Get a Certification?
A user must see a qualified physician with whom he or she has a "bona fide provider-patient relationship." The physician should provide accreditation if the person fits the provider's requirements for medicinal marijuana therapy.
Where Can You Get a Medical Cannabis and How?
Only a Maryland-licensed dispensary can provide you with authorized medicinal cannabis. The quantity of dried bud and THC that a person may acquire in 30 days is determined by the qualification granted by a provider for that patient. The restriction is based on 30 days rather than a calendar month.
Cannabis Business in Maryland
Maryland is a unique state in that counties and towns cannot prohibit medicinal cannabis firms from functioning. Medical cannabis companies can now function in any city or county in Maryland. Dispensaries, growers, cultivator/dispensary combinations, manufacturers, and research labs are among the five types of medical cannabis enterprises licensed in Maryland.
There are two levels of application costs for cannabis company owners: everyone pays the first stage charge, and if your firm is accepted, you also pay the second stage price. For a grower or dispensary, the application costs are $11,000, $6,000 for grower or processors, $5,000 for a dispensary, or $100 for a testing facility.
Annual licensing payments for cultivators/dispensaries are roughly $165,000, $125,000 for cultivators, $40,000 for dispensaries or processors, and $100 for testing labs. Keep in mind that though a business plan is not essential to obtain a medical marijuana company permit in Maryland, it will make the process go more smoothly.
An operation strategy, including storage solutions, is already required in your application and might be incorporated into a business plan. A business plan is required if you intend to raise capital from depositors.
The Bottom Line
Marijuana laws are changing rapidly around the country, but cultivating marijuana is still illegal in Maryland, and individuals accused of cultivating marijuana might face fraud charges. Producing cannabis without a medical card is unlawful, and anyone caught doing so would most certainly face charges of marijuana production or possession with possession of a controlled substance.
Furthermore, before trying any cannabis products in other regions, such as Maryland, it's usually a good idea to examine the area's law and any other possible rules that you need to be aware of to avoid getting penalized.