Marijuana-Crimes, Civil Citations and Medical Marijuana

In November 2022, voters approved an amendment to Maryland's constitution legalizing the adult use of recreational marijuana. The legislature must pass legislation governing licensing, regulation, and taxation to allow adults to buy marijuana starting July 1, 2023.       

CIVIL CITATIONS-MARYLAND

    Starting in January 2023, possession of up to 2.5 ounces of marijuana is punishable only by a civil fine. In July 2023, adults 21 and older can possess 1.5 ounces of marijuana or up to two plants for personal

Starting July 1, 2023, the ballot initiative will legalize personal possession of up to 1.5 ounces of marijuana for adults 21 and older. After that, possession of more than 1.5 ounces but less than 2.5 ounces will be punishable by a civil fine of up to $250. Possession of more than 2.5 ounces will be punishable by up to six months in jail or a fine of up to $1,000.                     

The state's medical marijuana program remains open for Marylanders with medical marijuana cards. Otherwise, until July, marijuana remains illegal but decriminalized in Maryland. Currently, possession of up to 10 grams of marijuana carries a $100 civil fine. Decriminalization will be expanded up to 1.5 ounces from Jan. 1 to June 30.         

   CRIMINAL LAW VIOLATIONS-MARYLAND     

     Possession of over the above amounts of marijuana is still a criminal misdemeanor and with a maximum penalty of six months incarceration and a $1000 fine.  The recently enacted Justice Reinvestment Act (‘JRA”) decreased the maximum penalty from one year to six months and reduced the Maryland sentencing guidelines for this offense.

    The felony charges relating to marijuana; i.e.; possession with intent to distribute, importing marijuana into the state and possession of a large amount (over 50 pounds) continue to be aggressively prosecuted.  The JRA removed mandatory minimum sentences for subsequent offenders but not the 5-year mandatory minimum for possession of over 50 pounds of marijuana.  Our office recently handled two cases, 900+  pounds, and 65 pounds and obtained a positive result for clients.

            Possession of a firearm with any illegal drugs, including marijuana, may still result in a five-year mandatory minimum sentence if the State can establish the firearm was being used in a drug trafficking crime. Recently, our office has experienced more clients being charged with this violation.

MEDICAL MARIJUANA

     Maryland has legalized recreational marijuana as set forth above.  Marijuana can be legally possessed for medical purposes by Maryland residents in Maryland who have 1) registered with the Maryland Medical Cannabis Commission, 2) obtained a written certification from a provider registered with the Commission, 3) obtained marijuana through a licensed Maryland dispensary (when open) and ) 4 Optional-purchased an identification card.          

     Please contact Tina Harris and C. Thomas Brown, former Assistant State's Attorney, when charged with a marijuana or any drug charge.  We provide experienced aggressive representation and commit to providing the best possible defense to protect your liberty, employment, and criminal record.

 

Contact Us Today

Contact us today to learn more about how we can help you with the criminal charges you, a family member or a loved one may be facing. We offer a free initial consultation so you can have your case evaluated personally. Flexible appointment times and jail visits are also available.

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