As more and more states legalize recreational marijuana use, it remains unlawful in the state of Maryland. Anything under 10 grams of pot is a civil offense with a $100 fine, and anything under 10 pounds is a misdemeanor that comes along with jail time and a $1,000 fine. Public use can also net you a civil fine of up to 100 dollars.

However, public opinion changes over time, and Maryland lawmakers may soon consider the issues around legalization. A recent poll of Maryland residents shows that 60 percent are in favor of legalizing recreational marijuana, with 33 percent against, and the remainder with no opinion either way.

Says Mileah Kromer, director of the Sarah T. Hughes Field Politics Center at Goucher College, “Legalization of recreational cannabis continues to be popular amongst Marylanders. We know both the presiding officers of the Senate as well as the House are in support of moving forward with legalization of recreational cannabis.”

Further, in early November, Maryland lawmakers began hearing from experts in marijuana policies in order to gather information about the state’s recreational market might work. Much of the conversation revolved around ensuring how minority startups can begin on level footing with more established ventures, like existing medical marijuana companies.

Notes the Baltimore Sun:

Suppliers and vendors in Maryland’s existing medical marijuana market might also have a substantial leg up if Maryland opens a legal recreational market as well, a possibility that appeared to worry some lawmakers who’ve hoped that licenses could spread around wealth to Black entrepreneurs and would-be business owners from lower-income communities.

House Speaker Adrienne A. Jones of Baltimore County also points out that the “disparate criminal justice impact” of keeping marijuana illegal also convinced her that Maryland “voters should have a say in the future of legalization.”

What are the current penalties for marijuana possession?

As of 2021, cannabis remains against the law both in Maryland and federally, although small amounts are effectively decriminalized across the state. However, that does not mean it is legal. Current penalties for marijuana possession depend on whether the charge is for personal use, intent to distribute, or trafficking.

Personal use

Offenses and penalties include:

• Under 10 grams – Civil offense, $100 fine
• 10 grams to 50 pounds – Misdemeanor, up to one year incarceration, and $1,000 fine
• 50 pounds or more – Felony, up to five years incarceration, and $100,000 fine

Intent to distribute

Offenses and penalties include:

• Under 50 pounds – Felony, up to five years incarceration, and $15,000 fine
• 50 pounds or more – Felony, five years mandatory incarceration, and $15,000 fine
• Over 50 pounds – Felony, 20 to 40 years incarceration, and $1,000,000 fine

Trafficking

Offenses and penalties include:

• Between 5 and 45 kg – Felony, up to 10 years incarceration, and $10,000 fine
• Over 45 kg – Felony, up to 25 years incarceration, and $50,000 fine

An experienced drug crime attorney can discuss your specific charges and potential defenses for your case.

If marijuana possession is legalized, will my Maryland arrest be expunged?

According to the Outlaw Report, an independent cannabis news site, electronic records on Maryland marijuana arrests go all the way to the 1980s. Officials state that “hundreds of thousands” of cases may be eligible to be erased. Two pieces of legislation that failed during the 2021 legislative session, HB 32 and SB 708, may get another look as lawmakers re-examine legalization.

However, the biggest obstacle may be a technological one. Says the Report, “The Maryland Judiciary would need to hire more than 400 staffers for two years to dig through such cases, at an annual cost of more than $17 million, according to a cost analysis of the two bills that did not escape committee last spring.”

Michael Hartman, a criminal justice research analyst, points out that these initial costs are minimal in contrast to providing relief to so many people. “The upfront costs of automating the system can be incredibly expensive, several million dollars, but the ongoing costs following implementation are incredibly marginal in comparison,” he said.

Can I get my Maryland marijuana charge expunged?

We can help. Many, but not all, charges and convictions may be expunged with the help of an attorney. For example, if you were convicted of possession of under 10 grams of marijuana before this charge became a civil offense, you are likely eligible for expungement. Expungement of your criminal record means that your charges will no longer show up on background checks, employment searches, databases, and public records.

Not every criminal charge is eligible for expungement, however. Generally, only the following types of records may be expunged or sealed:

• Arrests that did not result in criminal charges
• Dismissed charges or charges that were not prosecuted
• Trials where you were found not guilty
• Convictions for certain minor offenses, like “nuisance” crimes
• Convictions for under 10 grams of marijuana

Court records are not automatically expunged – this is a process you must initiate yourself. If you have any questions or need assistance with this process, talk to your criminal defense lawyer today.

At Carey Law Office, our Crofton criminal defense team has all the answers you need about marijuana possession and charges. If you need skilled and experienced help when facing a drug arrest, get in touch to schedule an appointment with our attorney as soon as possible. Call 301-464-2500, or complete our contact form. We serve clients from our Bowie, Crofton, and Owings offices throughout Calvert County, Anne Arundel County, Prince George’s County, and the rest of Maryland.