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.

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.