FAQ About Maryland Marijuana Possession

FAQ About Maryland Marijuana PossessionLaws related to marijuana possession can prove incredibly complicated and difficult to understand. Oftentimes, federal laws and state laws butt heads, and every state has its own take on marijuana possession. As such, it’s a good idea to familiarize yourself with the answers to some of the most frequently asked questions related to marijuana possession in Maryland.


  • Is marijuana possession legal in Maryland? Nine states allow possession of marijuana for recreational use—but not Maryland. Many other states have provisions on the books that allow medicinal marijuana, which must be medically prescribed (or recommended—since federal law prohibits marijuana prescriptions). While Maryland passed a medical marijuana law in 2012, it’s exceedingly complicated and has only recently begun to allow a small number of residents to legally possess medical marijuana. If that sounds like a riddle, you’re not far off.
  • Is marijuana possession in Maryland a crime? Not necessarily. The possession of 10 or fewer grams of marijuana in Maryland is no longer a crime. Instead, it’s a civil offense that’s treated much like a traffic ticket. If you’re at least 21, such an offense will require you to pay a fine. Those younger than 21 have the right to a hearing, but the court may require them to attend drug education classes, addiction assessment, and attend drug treatment. If you’re older than 21 and are charged with a third citation of possession of 10 or fewer grams of marijuana, you must go to court, where you may receive similar sentencing.
  • What happens if I possess more than 10 grams of marijuana? If you possess more than 10 grams of marijuana, you will earn a misdemeanor charge and face a $1,000 fine and a year in jail.
  • What about federal laws? Federal laws turn things up a notch or two. Under federal law, the possession of any amount of marijuana for any reason is a crime. In any legal situation where state and federal laws conflict, federal law trumps the state law. While the federal government has rarely intruded on state governance related to marijuana possession, that does not mean that it won’t try to do so in the future.


If you’re facing a marijuana possession offense, you may feel tempted to simply pay the ticket and be done with it. An experienced Maryland drug offense attorney, however, will help you assess the consequences of such an action and will educate you about your options.

If you’re facing a more significant possession charge, you need a dedicated drug offense attorney on your side. The experienced legal team at Alpert Schreyer, LLC, in Maryland, has the skill, knowledge, and determination to guide your case toward its most positive outcome. Your record and your rights matter too much to leave to chance, and we understand Maryland’s complicated marijuana possession laws. We’re here to help, so please contact or call us at 301-321-7277 for a free consultation today.

Leave a Reply