With the recent passage of House Bill 556 and Senate Bill 516 in Maryland, the legalization of adult-use recreational cannabis is set to begin on July 1, 2023. This landmark legislation, which was developed in response to the approval of Question 4 on the 2022 ballot, brings about significant changes to the cannabis industry in the state.

In this blog post, we will address some of the key questions surrounding the new legislation to help you navigate the world of legalized adult-use cannabis in Maryland.

What does the new legislation mean for Maryland?

The passing of House Bill 556 and Senate Bill 516 establishes a framework for the legal sale and purchase of cannabis products by individuals aged 21 and older. It allows existing medical cannabis dispensaries to convert their licenses to serve adult consumers. The legislation also empowers the Maryland Cannabis Administration to issue additional licenses for growers, processors, dispensaries, and new incubators.

How can I purchase cannabis products in Maryland?

Starting July 1, licensed medical cannabis dispensaries in Maryland will have the option to sell to adults aged 21 and older if they choose to convert their license. To make a purchase, you will need to present a government-issued photo ID proving that you are of legal age. Cannabis products will be subject to a 9% sales tax, similar to alcohol. The personal use amount authorized under the law will dictate the quantity you can buy.

Who will regulate the expanded cannabis industry?

House Bill 556 and Senate Bill 516 establish the Maryland Cannabis Administration as the new regulatory agency overseeing the cannabis businesses in the state. This agency will build upon the existing medical cannabis program regulations and ensure health, safety, and security within the industry.

What impact does adult-use legalization have on the medical cannabis program?

The new adult-use legislation does not directly affect the medical cannabis program in Maryland. Patients will still be able to obtain medical cannabis from licensed dispensaries, and individuals aged 18 or older can register to participate in the program. The law includes provisions to ensure that registered patients continue to have access to their necessary medication, such as patient-only operating hours and product availability.

Can I apply for a cannabis license?

The legislation outlines three separate rounds of licensing, with the first round scheduled for the fall of 2023 and the second round in 2024. Before the application process begins, the Maryland Cannabis Administration will conduct extensive outreach and education about the licensing process and the cannabis industry. Interested individuals and businesses can expect in-person and virtual events to learn more about how to apply and the application requirements. You can sign up to be notified of when the applications will be available on their website.

What were the key provisions of Question 4?

Question 4, which was approved by voters, legalized the adult-use of cannabis for individuals aged 21 and over. It also established processes for expunging certain cannabis-related offenses, increased the allowable possession limit, required data collection and studies on cannabis use, established a Cannabis Public Health Advisory Council, and created three new funds to address health effects, business assistance, and community reinvestment.

Is cannabis still illegal at the federal level?

Yes, cannabis remains illegal under the Federal Controlled Substances Act of 1970. While individual states can legalize cannabis within their jurisdictions, transporting cannabis across state lines is still prohibited under federal law. It is important to note that cannabis possession on federal land and properties, including national parks and federal buildings, remains unlawful, even in states that have legalized it.

What are the rules for purchase, possession, and home cultivation?

Starting July 1, 2023, individuals aged 21 and older can legally possess up to 1.5 ounces of cannabis flower, up to 15 grams of concentrate, and up to four cannabis plants per household for personal cultivation (four for medical patients and two for adult-use). It's important to note that home cultivation is limited to private residences and must be done in an enclosed, secure space that is not visible to the public. Additionally, any cannabis products or plants must be stored in a secure location to prevent access by individuals under the age of 21.

Are there any potency limits for adult use?

With these new laws in effect, dispensaries must reserve high potency products for medical patients.

Qualifying patients and registered caregivers can purchase:

Concentrated cannabis products.
Edible cannabis products, infused non-edible cannabis products, capsules, and tinctures containing more than 10 mg THC per serving or 100 mg THC per package.

Adult consumers can purchase:

Cannabis vaporizing devices (e.g., vapes).
Home cultivation products.
Usable cannabis products (e.g., flower).
Edible cannabis products, infused non-edible cannabis products, capsules, and tinctures containing up to 10 mg THC per serving or 100 mg THC per package.

Sales limits for adult consumers in a single day:

Usable cannabis: Up to 1.5 ounces (oz).

Concentrated cannabis: Up to 12 grams (g).
Cannabis products containing delta-9-THC: Up to 750 mg.

Can I consume cannabis in public?

No, the new legislation prohibits the consumption of cannabis in public spaces. Consumption is only permitted in private residences or on private property with the owner's permission. It is illegal to consume cannabis while operating a vehicle or in any public place, including parks, sidewalks, and restaurants.

Are there restrictions on advertising and packaging?

Yes, there are strict regulations on advertising and packaging to prevent marketing to minors and ensure product safety. Advertising and marketing of cannabis products must include warnings about the potential health risks associated with cannabis use. Packaging must be child-resistant and labeled with certain information, including THC content, warnings, and a list of ingredients. Advertising near schools, playgrounds, and other areas where children are present is prohibited.

Will prior cannabis convictions be expunged?

Yes, as part of the new legislation, certain cannabis-related offenses will be expunged. The Maryland Cannabis Administration will establish a process for expunging convictions that are no longer illegal under the new law. This provision aims to address the social equity aspect of cannabis legalization and provide individuals with prior convictions a chance to have their records cleared.

What about employment and drug testing?

The new legislation does not restrict an employer's ability to maintain a drug-free workplace or conduct drug testing. Employers can still enforce policies regarding cannabis use and make employment decisions based on drug test results, even if cannabis is used legally by an individual outside of work hours.

These are some of the key points regarding Maryland's new adult-use cannabis legislation. It's important to stay informed about the specific regulations and requirements as they may evolve over time. If you have further questions or need more information, please refer to official sources such as the Maryland Cannabis Administration or consulting with a legal professional.

Understanding Maryland's New Adult-Use Cannabis Legislation