Maryland Marijuana Possession Penalties (2026)

Possession of marijuana / cannabis charges in Maryland: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing marijuana possession charges in Maryland, consult a licensed Maryland criminal defense attorney.

Maryland Marijuana Possession Penalties

AmountPenalty
Small AmountLegal (up to 1.5 oz for adults 21+)
Large AmountOver 1.5 oz: civil violation

Maryland legalized recreational marijuana in 2023

Marijuana Possession Statute of Limitations in Maryland

In Maryland, the statute of limitations for felony drug charges is generally 1 year (misdemeanor only). Misdemeanor drug offenses carry a 1 year limit.

See all Maryland statutes of limitations →

Defending Against Marijuana Possession Charges in Maryland

Common defenses in Maryland marijuana possession cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Maryland criminal defense attorney for advice.

Related Maryland Laws