Yes, if you have possession of more than 2.5 ounces of marijuana/cannabis, you can be charged criminally with possession. In 2023, Maryland enacted laws to “decriminalize” the personal use and possession of marijuana. However, that change only applies to small amounts of cannabis. As such, if you have more than 2.5 ounces of marijuana in your possession, it is still possible to be criminally charged for cannabis possession in Maryland. If you have been charged with cannabis possession in Maryland, call experienced and courtroom-proven Maryland criminal defense lawyers like the ones at the Law Office of Robert Castro. Call us at (301) 870-1200or use our contact page. We are available around the clock, 24/7. We are tough and aggressive and have offices in Waldorf, Maryland.

Cannabis Possession Post-2023

Despite decriminalization, cannabis remains a Schedule I controlled substance under Maryland laws and regulations. However, as noted, possession of small amounts is now legal (as is the cultivation of two cannabis plants — see Md. Crim. Code, §5–601.2). Note also that cannabis possession and use remains illegal under Federal law. So, no possession and use on U.S. property like military bases.

Under Maryland laws, the basic rules for cannabis possession post-2023 are as follows:

• Possession of than 1.5 ounces — no crime or civil penalty
• Possession of between 1.5 ounces and 2.5 ounces — no crime, but is subject to “civil offense” citations (like traffic tickets); Crim. Code, §5–601(c)(2)(ii)2; a fine of up to $250; higher fines for second and more offenses
• Possession of between 2.5 ounces and less than 50 pounds of marijuana — this IS a crime; deemed a misdemeanor under Maryland laws; conviction can lead to a sentence of up to one year in jail, a fine of up to $1,000, or both
• Possession of 50 pounds or more — also a crime; deemed a felony under Maryland laws; conviction can lead to a sentence of a minimum of five years in jail, a fine of up to $100,000, or both

Possession with Intent to Distribute

Typically, if a person is arrested and charged with possession, they will also be charged with the intent to distribute/dispense. The main criminal element of the crime of intent to distribute is a certain quantity of the drug. Logically, “personal use” is not the reason a person has possession of 50 pounds of cannabis.

With respect to cannabis, it remains a crime to possess cannabis with an intent to distribute. However, Maryland Criminal Code Section 602 was changed in 2023 to state that possessing an “adult use” or “personal use” amount (less than 2.5 ounces) cannot constitute possession with intent to distribute or dispense “… without other evidence.”

However, possession of anything above 2.5 ounces can constitute evidence of an intent to distribute or dispense. Possession with intent to distribute from 2.5 ounces to 50 pounds of marijuana is deemed a felony crime. If convicted, the person faces punishment of up to 3 years imprisonment, a fine of up to $15,000, or both. For more than 50 pounds of marijuana, the possible punishment is imprisonment of not less than 5 years, a fine not exceeding $100,000, or both.

Understanding Maryland’s Marijuana Laws in Practice

Although recent changes have reshaped how marijuana possession is treated in Maryland, criminal charges are still a real risk for individuals caught with amounts exceeding the legal threshold. This distinction between personal use and criminal possession is not just about weight. It influences how cases are investigated, charged, and prosecuted in court.

Law enforcement in Maryland uses specific benchmarks to determine when possession becomes a chargeable offense. Suppose a person is found with more than 2.5 ounces. In that case, officers may consider additional context, such as packaging, scales, or large amounts of cash, to support a possession charge intending to distribute. The quantity alone can justify criminal charges even without direct evidence of sale or delivery.

In Waldorf and across Maryland, police continue to exercise discretion in marijuana cases, particularly when multiple charges may be filed at once. For instance, someone found with cannabis in a vehicle may also face related traffic or firearm violations depending on the situation. This is why understanding the post-2023 legal landscape is crucial if you’re facing charges.

Legal Risks and Defense Strategy

If you’re charged with simple possession over 2.5 ounces, the State must establish that you knowingly and willfully had control over the cannabis. For distribution-related charges, prosecutors must take it a step further and show either direct evidence of sale or circumstantial indicators such as the presence of distribution tools.

It is important to note that prosecutors cannot pursue a distribution charge solely on possession of 2.5 ounces or less unless there is other supporting evidence. This threshold, codified in the 2023 revisions to Maryland law, protects individuals who legally possess small amounts for personal use from being unfairly prosecuted.

However, once the amount exceeds the personal use cap, prosecutors must not prove much more to initiate felony-level charges. This creates a fine line between civil citations and criminal exposure. In many cases, just a few additional grams of cannabis can make a significant difference.

Legal Cannabis Use and Restricted Spaces

Even though adult recreational use is legal under Maryland law in limited quantities, certain areas remain off-limits. Cannabis use is still prohibited in public places, schools, and federal properties. Being caught using marijuana on government buildings, in national parks, or on military bases can lead to federal charges, which remain unaffected by Maryland’s legalization efforts.

Additionally, minors and individuals under 21 are not permitted to possess cannabis. If someone underage is caught with even a legal amount, they may be subject to separate penalties or diversion programs depending on the circumstances and prior record.

Legal Representation Matters in Possession Cases

Although Maryland has revised its cannabis laws, prosecutors still pursue charges involving larger quantities or suspected distribution. Working with a defense lawyer who understands the current statutes is essential if you face allegations. Early legal involvement can influence how charges are filed, challenged, or resolved. An attorney can contest unlawful searches, unreliable evidence, or assumptions based solely on the amount involved.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.