On April 1, the Maryland General Assembly voted to refer a constitutional amendment to voters in November that would legalize marijuana for adults 21 years of age or older beginning in July 2023 and direct the state legislature to pass laws for the use, distribution, regulation, and taxation of marijuana.
To put a legislatively referred constitutional amendment before voters, a 60% vote is required in both chambers. The constitutional amendment was introduced as House Bill 1. On February 25, it passed the state House in a vote of 96-34. On April 1, the Senate passed the bill with amendments by a vote of 29-17. The House concurred with the amendments by a vote of 94-39. It does not need the governor’s signature to appear on the ballot.
On the same day, the legislature passed implementing legislation, House Bill 837, which would take effect if the amendment is passed by voters. HB 837 would legalize the personal use and possession of up to 1.5 ounces or 12 grams of concentrated cannabis for individuals 21 years of age or older. It would also legalize the possession of up to two cannabis plants. It would change the criminal penalties for persons found possessing cannabis under the age of 21. The bill would also automatically expunge convictions for conduct that would be made legal under the law, and individuals serving time for such offenses would be allowed to file for resentencing. The bill would require specific studies on the use of cannabis, the medical cannabis industry, and the adult-use cannabis industry. It would also establish the Cannabis Business Assistance Fund and the Cannabis Public Health Fund.
