Maryland

Navigating Maryland State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers and/or a list of adult use retailers to find out where to purchase regulated cannabis in Maryland. 

Traveling? Get more information about traveling in the US here. 

Home cultivation is allowed in Maryland, for adults 21 and older. Two plants in a single household. Medical patients may grow two more plants, not exceeding four plants in a single household.

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Background on State Laws

Maryland’s first legal protections for patients were established in 2003 with the Darrell Putman Compassionate Use Act, which created an affirmative defense for patients possessing less than one ounce of cannabis.  In 2014, the Maryland legislature approved HB 881/SB 923, a comprehensive medical cannabis program that expanded and clarified legal protections for patients, caregivers, and physicians and created a distribution system. Over the years, lawmakers and regulators have changed the program to better serve stakeholders. Maryland has some of the country’s best product safety regulations. Details on how these laws apply to patients and medical professionals can be found below.

In 2014, offenses involving the possession of ten grams of cannabis or less were decriminalized. In 2017, Senate Bill 949 went into effect, permitting those previously convicted of possession of cannabis offenses to petition to have their record expunged. Those convicted of a crime of cannabis possession that no longer stands may also petition for expungement. The website of the Maryland Courts has further information, instructions and expungement forms.

Here is a breakdown of how Maryland fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Maryland can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	80/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 20/20 DUI Protections 0/10 Employment Protections 10/20 Explicit Privacy Standards 5/5
Access to Medicine	60/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 20/20 - Authorizes Delivery 10/10 - Authorizes Curbside Pickup 10/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 30/30 Reciprocity 0/20
Program Functionality	94/100
Legal Protections Within Reasonable Time Frame 20/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 9/10 Telemedicine for Physician Certifications 15/15 Patient and Physician Representation in Program Decision Making 15/20 Reasonable Caregiver Standards 5/5 - Background Checks 2/2 - Number of Caregivers 3/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 5/5
Affordability	60/100
Sales Tax Break for Patients and Caregivers 20/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 10/20 Donation Program 0/10 Allows Multi-Year Registrations 10/10
Health and Social Equity	67/100
State Program Protections 25/25 Housing Protections 10/25 Access for Minors 10/10 Access in Underserved Areas 10/10 List of Qualifying Conditions is Exhaustive or All Inclusive 10/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 2/5
Consumer Protection and Product Safety	169/200
Cultivation Operations 44/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 4/8 - Facility and Equipment Sanitation 1/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 0/1 - Waste Disposal 1/1 - Water Management 1/1 - Records Management 0/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 0/2 Required Testing 8/8 - Cannabinoids 1/1 - Terpenes 1/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 1/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 3/3 - Cannabinoids 1/1 - Terpenes 1/1 - Pesticides 1/1 Complaints, Adverse Event Reporting, and Recall Protocol 7/7 Manufacturing Operations 44/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 5/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 0/1 - Waste Disposal 1/1 - Records Management 0/1 Environmental Impact Regulations 0/3 Required Testing 10/10 - Cannabinoids 1/1 - Terpenes 1/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 1/1 - Foreign Matter 1/1 - Water Activity 1/1 Packaging and Labeling 4/5 - Cannabinoids 1/1 - Terpenes 1/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 5/5 Dispensary Operations 42/50 Staff Training 20/20 Standard Operating Procedures 4/7 - Facility Sanitation 1/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 0/1 - Waste Disposal 1/1 - Records Management 0/1 Product Testing 5/10 - Product Meets Requirements Before Sale 5/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 13/13 Laboratory Operations 39/50 Independent or Third-Party 5/5 Laboratory Sampling 4/5 Method Validation 4/4 Quality Management Systems 5/5 Staff Training 10/20 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 4/4
Score Penalties	0/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.