Maryland lawmakers are giving voters the opportunity to decide whether to legalize recreational marijuana.[1] The constitutional amendment would direct the legislature to pass laws for the use, distribution, regulation, and taxation of marijuana.[2] Currently, ten grams of marijuana possession is a civil violation in Maryland; however, eighteen states have fully legalized marijuana.[3] The change is coming in the form of a constitutional amendment, which does not require approval from Governor Larry Hogan.[4] The House and Senate both passed the bill with enough votes to override any possible veto Hogan could have made.[5] Adults over 21 would be allowed to grow up to two plants for personal use.[6] They would also be allowed to gift cannabis without penalty.[7] If voters approve it, the amendment will not take effect until July 2023 for people 21 and over.[8]

Additionally, the legislature passed House Bill 837, a companion bill to the amendment.[9] The bill would require studies on the use of cannabis, the medical cannabis industry, and the adult-use cannabis industry.[10] The companion bill lays out a “transitional period” between January 1, 2023 and July 1, 2023 that would include a fine for possession of marijuana under an ounce and a half and remove criminal penalties for up to two and a half ounces.[11] Other features of the amendment include automatic expungements for past possession convictions and resentencing for those convicted of marijuana charges.[12]

Opponents to the bill argue that it is too early to put the bill on the ballot because legislatures have not decided how they will utilize the sales tax.[13] Licensing and taxes will not be decided until 2023.[14] Many predict that the bill will die in the Senate, however, the 2020 election showed that marijuana has become widely more accepted.[15] The approved legislation would further establish a Cannabis Business Assistance Fund (“CABF”).[16] The CABF supports equity initiatives for minority and women-owned businesses and educational programs for people impacted by criminalization in order to promote participation within the marijuana industry.[17] The benefits and impact could be monumental. While using other states as a guide, Maryland can safely and effectively implement this new legislation. Marylanders should conduct their own research and make an educated decision at the polls this November.

Brigid McCarthy graduated from Towson University, with a B.S. in English. As a third-year student, Brigid serves a UB LEADS mentor and as the Public Relations Director for the Student Bar Association. In addition to being a Staff Editor for University of Baltimore’s Law Forum, Brigid is a Writing Fellow for the Legal Writing Center. She currently works at Azrael, Franz, Schwab, Lipowitz & Solter as a law clerk. After graduation, Brigid will be clerking for the Honorable Garret P. Glennon in the Baltimore County Circuit Court during the 2022-2023 term. 

[1] Brian Witte, Md. Voters to Decide Recreational Marijuana in November, The Daily Record (Apr. 1, 2022), https://thedailyrecord.com/2022/04/01/md-voters-to-decide-recreational-marijuana-in-november/.

[2] Victoria Antram, Maryland Voters Will Decide on Marijuana Legalization Amendment in November, Ballotpedia News (Apr. 5, 2022), https://news.ballotpedia.org/2022/04/05/maryland-voters-will-decide-on-a-marijuana-legalization-amendment-in-november/.

[3] Witte, supra note 1.

[4] Id.

[5] Id.

[6] Tom Angell, Maryland Governor Lets Bill to Implement Marijuana Legalization Take Effect Without His Signature, Marijuana Moment (Apr. 8, 2022), https://www.marijuanamoment.net/maryland-governor-lets-bill-to-implement-marijuana-legalization-take-effect-without-his-signature/.

[7] Id.

[8] Witte, supra note 1.

[9] Antram, supra note 2.

[10] Id.

[11] Witte, supra note 1.

[12] Id.

[13] John Gonzalez, Marijuana Moves One Step Closer to Becoming Legal in Maryland, WJLA (Apr. 5, 2022) https://wjla.com/news/local/marijuana-moves-closer-becoming-legal-maryland-luke-clippinger-governor-larry-hogan-maryjane-senate-house-legislation-bill-passes-vote-ballot-november-cannabis-july-2023-annapolis-weed-jail-referendum.

[14] Id.

[15] Witte, supra note 1.

[16] Angell, supra note 6.

[17] Id.