Maryland cannabis possession and public-use fines: what families should know

Maryland defines "cannabis" broadly. It includes the Cannabis sativa L. plant and any part of it - plus derivatives, extracts, and related forms - when the delta-9-THC concentration exceeds 0.3% on a dry weight basis. Hemp falls outside this definition. That THC threshold is the dividing line between what the state treats as cannabis versus legal hemp.

Maryland law uses quantity tiers to separate a "personal use amount" from a "civil use amount." That distinction affects what the citation says. For usable cannabis, the personal use amount is anything up to 1.5 ounces. The civil use amount covers usable cannabis that exceeds 1.5 ounces but doesn't exceed 2.5 ounces. When you're reading your loved one's paperwork, those ounce numbers are usually the fastest way to figure out which category applies.

For the "civil use amount" tier, Maryland treats use or possession as a civil offense. A finding of guilt carries a fine of up to $250. The "personal use amount" works differently depending on age. This rule only applies to people under 21. For someone under 21, use or possession of the personal amount is also a civil offense - punishable by a fine of up to $100.

Smoking cannabis in a public place is a separate civil offense, regardless of how much someone possesses. Fines increase for repeat offenses: $50 to $250 for the first offense, $150 to $500 for subsequent offenses. If the incident involved a vehicle, read the citation carefully. Maryland guidance also covers passenger smoking in a motor vehicle, so the exact language on the ticket or charging document matters.

5

• ✓ Match the listed amount to the tier: usable cannabis at 1.5 ounces or less is the “personal use amount,” while more than 1.5 ounces up to 2.5 ounces is the “civil use amount.”
• ✓ Look for the words “civil use amount” on the paperwork - if that’s what’s alleged, the civil fine can be up to $250.
• ✓ Check your loved one’s age: the “personal amount” possession/use prohibition applies only to people under 21, and the civil fine listed for that tier is up to $100.
• ✓ Scan for a separate allegation about “smoking in public,” since that’s its own civil offense with different fine ranges.
• ✓ Keep a copy of the citation and any charging paperwork together (photos help) so you can refer to the exact wording later.
• ✓ If the paperwork goes beyond civil language (or you’re unsure what’s being alleged), consider getting legal advice - especially if the amount listed doesn’t clearly fit the tiers above.