With Maryland becoming the 20th state to legalize cannabis for both medical and adult-use (quickly followed by Missouri becoming number 21), the state joins neighboring Virginia and Washington D.C. in allowing both therapeutic and recreational use of cannabis.  However, the laws in each jurisdiction differ. For individuals living in and around those jurisdictions, it is important to understand what is and is not allowed.

If you happened to read my recent post on the state of cannabis legalization writ large, it is no secret that I believe nationwide legalization is on the horizon; however, ‘on the horizon’ is not now and ignorance of differences in state laws for individuals and businesses can be costly.

First, as a quick summary of where cannabis legalization stands post-election day 2022: Maryland and Missouri became the 20th and 21st states to legalize cannabis for adult-use (recreational use). In Maryland, legalization passed in every county but one (and in that county (Garrett) lost by only six percentage points). Legalization measures failed in North Dakota (54.9 – 45.1), Arkansas (56.3 – 43.7), and South Dakota (52.9 – 47.1). In addition to the Statewide measures, a number of cities across the United States voted to eliminate penalties for cannabis use and to stop enforcement of some state cannabis laws. In some states without cannabis measures on the ballot, re-election of pro-legalization officials and strong public support mean the only obstacle to legalization are legislatures that don’t represent public opinion on the issue. [1]

However the national landscape takes shape over 2023, and voters in Maryland have spoken. But as important as the voice of the public is, it will be the regulations in each jurisdiction that make the difference between legality and illegality. Those regulations (once implemented) will likely change and attorneys at our firm keep abreast of those changes in order to advise business clients (both cannabis business clients and non-cannabis businesses) about matters from licensing to employment and all in between). But with the election, just as was the case when Washington D.C. voted to legalize in 2015 and the Virginia legislature followed suit in 2021, the first questions are usually from individuals: What can I do?  

The most important thing is to have a solid understanding of what you cannot do. 

Technically, you really can’t do anything as cannabis is a controlled substance and illegal. It is not prosecuted on the federal level, but that could always change as political winds shift. It is important to remember in the D.C-Metro area, there are areas of federal property, be they monuments, federal buildings, parks, or certain roads through federal areas – there are federal law controls whether you are speeding or carrying cannabis. Individual sales are not allowed under any of the state laws and will be treated seriously. 

Likewise, not understanding when cannabis is legal (the election just occurred in Maryland; however, cannabis use and/or possession is not allowed until July 2023) or a belief that legalization means that amount limits in the law are really a ‘general guide’ can get individuals in serious trouble.  

Below is a table to summarize the most frequent questions I get from individuals about the laws in the three jurisdictions related to adult use (non-medical):

[1] https://www.marijuanamoment.net/wisconsin-governor-pledges-to-put-marijuana-legalization-in-upcoming-budget-after-voters-approve-reform-on-the-ballot/

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