Google Review ePay (855) 868-0170 Contact Our Experts
Home > Blog > Maryland Legalizes Recreational Marijuana

Maryland Legalizes Recreational Marijuana

Posted By: Amy Wise,

On Nov. 8, 2022, voters in Maryland approved Question 4, which amends the state’s constitution to legalize recreational marijuana for adults ages 21 and older in the state. The amendment goes into effect on July 1, 2023. Meanwhile, a new marijuana law that was passed in April 2022, House Bill (HB) 837, automatically went into effect upon Question 4’s approval.

Marijuana Decriminalized Until June 30, 2023

House Bill (HB) HB 837 decriminalizes marijuana possession, making it a civil offense, subject to a fine of $100, for an adult age 21 or older to possess up to 1.5 ounces of marijuana in the state between Jan. 1, 2023, and June 30, 2023. It also reduces the penalty for possession of larger amounts of marijuana to $250 during that same time period.

Employer Impact

Question 4 and HB 837 do not address employment issues related to marijuana use. However, an existing state drug testing law governs all employers that choose to test their employees or job applicants for drugs or alcohol in the state.

This law requires employers to have legitimate business purposes for testing and imposes detailed requirements for handling samples and conducting tests. It also requires employers to take certain actions before taking any disciplinary actions based on a positive test. For example, an employer must provide notice of the result to the individual tested and allow the individual to have the sample independently tested.

Important Dates

  • November 8, 2022 Maryland voters approved Question 4, which legalizes marijuana for adults ages 21 and older in the state starting on July 1, 2023. HB 837 also went into effect.
  • January 1, 2023 The first day reduced penalties for marijuana possession apply (until June 30, 2023) under HB 837.
  • July 1, 2023 The first day recreational marijuana is legal for adults age 21 and over in Maryland. Employers that test for marijuana should follow existing state laws on drug and alcohol testing.

Employers that test for marijuana should follow existing state laws on drug and alcohol testing