Maryland’s Cannabis Legalization Law Leaves Gaps

On November 8, 2022, 67.2% of Maryland voters approved a legislatively referred ballot question to legalize cannabis for adults 21 and over. Question 4 won by the highest margin of any ballot measure to legalize cannabis, and MPP was proud to play a leading role in the years-long campaign to end prohibition in the Free State.

Since July 1, 2023, adults 21+ have been allowed to possess and buy up to 1.5 ounces of cannabis and cultivate up to two plants. Summaries of Question 4, and the companion bills implementing it, are available here and here. 

Existing medical dispensaries began sales to adult-use consumers on July 1, 2023, and a lottery was held in April 2024 for new social equity licenses. The state recorded nearly $450 million in the first eight months of adult-use sales, generating more than $40 million in tax revenue.

In addition to passing legislation to regulate sales, in 2023, the legislature passed HB 1071, which provided the odor of cannabis alone is not grounds for a search and reduced the penalty for public smoking from a $250 fine to a $50 fine for a first offense. Forty-five Republican lawmakers cosponsored bills trying to repeal the bar on motor vehicle searches based solely on the smell of cannabis in 2024. The bills died in committee.

In 2024, lawmakers introduced bills to take cannabis justice further — by protecting cannabis consumers from being fired for positive cannabis tests (HB 525/SB 513) and to prevent the revocation of pre-trial release, parole, and probation for cannabis absent an individualized finding (HB 474). Sadly, all three died in committee without receiving a vote.

There’s More Work to Be Done

MPP played a leading role in the Maryland Cannabis Policy Coalition, which for years has advocated for equitable legalization. This advocacy spurred Maryland state lawmakers to refer Question 4 to the 2022 ballot and pass the companion bill to set up the initial steps for legalization. MPP also played an instrumental role in assisting the Yes on 4 campaign to ensure Question 4’s success, and we’ve been a consistent voice to ensure equity is at the heart of legalization, from an equitable industry to criminal justice reforms and community reinvestment.

While we’re thrilled by Maryland’s progress toward humane cannabis policies, there is still work to be done — including improving expungement provisions, employment and other non-discrimination protections, and preventing parole, probation, and pre-trial release from being revoked based on cannabis.

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