Possession of Marijuana
Marijuana Defense Lawyer in Glen Burnie, MD
The Law Office of Peter S. O’Neill provides experienced legal representation for marijuana-related charges in Glen Burnie, Maryland. While Maryland has significantly changed its marijuana laws in recent years, marijuana-related offenses can still result in serious legal consequences depending on the amount involved, how it is used, and whether other aggravating factors are present. Understanding what is legal—and what is not—is critical to protecting your rights.
Maryland law now refers to marijuana as cannabis, and while certain possession and use is legal for adults, violations can still lead to citations, fines, or criminal charges. Learn more about Maryland’s current marijuana laws and how an experienced defense attorney can help.
What Does “Possession of Marijuana” Mean Under Maryland Law?
Marijuana possession means knowingly having control over marijuana or marijuana products, whether on your person, in your home, or within your property. Maryland law distinguishes between legal personal use amounts, civil violations, and criminal offenses, depending on quantity, age, and circumstances.
Possession may still be charged if marijuana is found in prohibited locations, possessed by someone under 21, involved in distribution, or exceeds legal limits. Transporting marijuana across state lines or possessing it on federal property remains illegal under federal law.
Is Marijuana Legal in Maryland?
Yes. As of July 1, 2023, Maryland legalized adult-use marijuana for individuals 21 years old and older. However, legalization does not mean unrestricted use.
What Is Legal for Adults 21 and Older?
Maryland permits the following personal use amounts:
- Up to 1.5 ounces of marijuana flower
- Up to 12 grams of marijuana concentrate
- Marijuana-infused products containing up to 750 mg of THC
- Up to two marijuana plants per household (not per person)
Possession of these amounts is legal and does not result in arrest or a criminal record.
Marijuana Use That Results in Civil Penalties
Possession above the personal use amount but below criminal thresholds results in civil citations, not criminal charges.
Civil Use Amounts:
- More than 1.5 ounces but less than 2.5 ounces of marijuana
- More than 12 grams but less than 20 grams of concentrate
- Marijuana products containing 750–1,250 mg THC
These violations may result in fines of up to $250 but do not carry jail time.
When Does Marijuana Possession Become a Crime?
Marijuana possession becomes a criminal offense in Maryland when specific legal limits or conditions are violated.
Criminal Marijuana Offenses Include:
- Possession of 2.5 ounces or more of marijuana
- Possession by individuals under age 21 (civil penalties may escalate with repeat violations)
- Possession with intent to distribute
- Unlicensed sale or distribution of marijuana
- Transporting marijuana across state lines
- Possession of federal property
- Driving under the influence of marijuana
- Public use (marijuana may not be smoked in public places)
- Growing more than two plants per household or growing marijuana in public view
Marijuana Cultivation Laws in Maryland
Adults 21 and older may legally grow marijuana at home, but strict rules apply:
- Maximum of two plants per household
- Plants must be out of public view
- Plants must be secured and inaccessible to minors
- Cultivation must occur on property lawfully possessed or with permission (landlords may prohibit growing)
Growing more than the allowed amount or violating security requirements can result in misdemeanor or felony charges.
Marijuana Paraphernalia and Public Use
- Possession of marijuana paraphernalia for lawful personal use is generally permitted
- Selling or providing paraphernalia illegally remains a criminal offense
- Smoking or consuming marijuana in public places is prohibited
- Enhanced penalties still apply for marijuana offenses involving schools, minors, or large-scale distribution
Federal Marijuana Laws Still Apply
Despite Maryland’s legalization, marijuana remains illegal under federal law. Federal charges may apply if marijuana is possessed on federal property such as:
- National parks
- Federal buildings
- Military installations
- Federal law also strictly prohibits interstate transport of marijuana.
Why Hire a Marijuana Defense Lawyer?
Even with legalization, marijuana-related charges can still jeopardize your freedom, finances, and future. A knowledgeable marijuana defense attorney can:
- Challenge unlawful searches and seizures
- Seek dismissal or reduction of charges
- Fight intent-to-distribute allegations
- Protect your criminal record
- Advocate for alternative resolutions when possible
Why Choose the Law Office of Peter S. O’Neill?
With decades of criminal defense experience, the Law Office of Peter S. O’Neill understands the evolving landscape of Maryland marijuana laws. Our firm provides strategic, personalized defense rooted in deep knowledge of state and federal drug statutes.
Contact a Glen Burnie Marijuana Defense Lawyer
If you are facing marijuana-related charges, do not assume legalization means your case is minor. Legal representation can make a critical difference. Contact the Law Office of Peter S. O’Neill today for a confidential consultation.