On November 8, 2022, Maryland voters have decided in favor of a ballot initiative (Question 4) which legalizes the possession, cultivation, and licensed retail sale of cannabis for those ages 21 and older beginning July 1, 2023.

Possession of small amounts of marijuana was already decriminalized in Maryland. Under the amendment, those previously convicted of cannabis possession and intent to distribute will be able to apply for record expungement.

By approving Question 4, voters also triggered the enactment of separate, complementary legislation (HB 837) defining marijuana possession limits and facilitating the automatic review and expungement of low-level cannabis convictions. Under the legislation, which was passed by lawmakers this spring, adults will be legally permitted to possess up to 1.5 ounces of cannabis and/or 12 grams of cannabis concentrates beginning in July 2023.

Adults will also be permitted to grow up to two cannabis plants in their homes for their own personal use. Possessing amounts between 1.5 ounces and 2.5 ounces will be subject to civil fines, while the possession of greater quantities will remain subject to existing criminal penalties.

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