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Cannabis - Legalization of Adult Use and Possession | |||||||||||||||||||
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| Source: Maryland State Board of Elections | |||||||||||||||||||
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Question 4 was a voter referendum to amend the Constitution of Maryland in order to legalize cannabis for adult use in Maryland. The referendum was approved overwhelmingly, with more than twice as many voters voting in favor of it than against it and winning in all but one county, on November 8, 2022. It went into effect on July 1, 2023.
On July 16, 2021, State House Speaker Adrienne A. Jones created a committee to draft a referendum on legalization to place on the ballot in 2022. [1] Around December 25, the chairman of the state House Cannabis Referendum and Legalization Workgroup, Luke Clippinger, pre-filed House Bill 1 for the 2022 session, to initiate the citizen referendum in 2022 that would create a constitutional amendment to legalize cannabis. [2] The referendum bill and accompanying bill implementing legalization, House Bill 837 received public testimony and were discussed by the House Judiciary Committee on February 14, 2022. [3] House Bill 1 was passed 96–34 by the House of Delegates on February 25. [4] [5] This bill was contingent on passage of the ballot referendum in the November 2022 election, whereby it would legalize recreational use of cannabis possession and use on or after July 1, 2023. The constitutional referendum and the legalization bill were both passed by the Maryland Senate on April 1. [6] Senate Finance Committee hearings on the bills began on March 23. [7]
Voters approved the referendum on November 8, 2022, with 67.2% of voters and 23 of 24 counties and county-equivalents (all but Garrett County) in favor. It fully took effect on July 1, 2023. [8] [9] [10]
The bill provides for adults 21 and older to purchase and possess up to 1+1⁄2 ounces (43 g) of marijuana and decriminalize possession of amounts greater than that up to 2+1⁄2 ounces (71 g). This bill would also establish a Cannabis Business Assistance Fund to support equity initiatives for minority- and women-owned businesses. That fund would go toward incubator and educational programs to promote participation in the industry by people most impacted by criminalization. The bill would also automatically expunge prior criminal convictions for conduct made legal under the proposed law. [11] [12] [13] [14] [15] [16] [17]
Between January 1 and July 1, 2023, possession of up to 1.5 ounces was to be a civil infraction subject to a $100 fine, as provided by House Bill 837. [10] [9]
| Poll source | Date(s) administered | Sample size [lower-alpha 1] | Margin of error | Yes | No | Other | Undecided |
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| OpinionWorks | October 20–23, 2022 | 989 (LV) | ± 3.1% | 63% | 25% | – | 12% |
| University of Maryland | September 22–27, 2022 | 810 (RV) | ± 4.0% | 73% | 23% | – | 4% |
| Victoria Research [upper-alpha 1] | September 11–19, 2022 | 762 (RV) | ± 3.7% | 69% | 20% | 2% [lower-alpha 2] | 8% |
| Goucher College | September 8–12, 2022 | 748 (LV) | ± 3.6% | 59% | 34% | – | 7% |
| Poll source | Date(s) administered | Sample size [lower-alpha 1] | Margin of error | Yes | No | Other | Undecided |
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| Goucher College | March 1–6, 2022 | 635 (A) | ± 3.9% | 62% | 34% | 1% [lower-alpha 3] | 3% |
| Goucher College | October 14–20, 2021 | 700 (A) | ± 3.7% | 60% | 33% | 3% [lower-alpha 4] | 4% |
| Gonzales Research (D) [upper-alpha 2] | May 17–22, 2021 | 301 (LV) [lower-alpha 5] | ± 5.8% | 69% | 24% | 7% [lower-alpha 6] | – |
| Goucher College | February 23–28, 2021 | 725 (A) | ± 3.6% | 67% | 28% | 1% [lower-alpha 7] | 4% |
| Choice | Votes | % |
|---|---|---|
 Yes | 1,302,180 | 67.20 |
| No | 635,580 | 32.80 |
| Total votes | 1,937,760 | 100.00 |
Source: Maryland State Board of Elections [18]
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In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. Beginning in 2024, the Drug Enforcement Administration has initiated a review to potentially move cannabis to the less-restrictive Schedule III.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.
Cannabis in Montana has been legal for both medical and recreational use since January 1, 2021, when Initiative 190 went into effect. Prior to the November 2020 initiative, marijuana was illegal for recreational use starting in 1929. Medical cannabis was legalized by ballot initiative in 2004. The Montana Legislature passed a repeal to tighten Montana Medical Marijuana (MMJ) laws which were never approved by the governor. However, with the new provisions, providers could not service more than three patients. In November 2016 Bill I-182 was passed, revising the 2004 law and allowing providers to service more than three patients. In May 2023, numerous further bills on cannabis legalization and other related purposes passed the Montana Legislature. The Governor of Montana is yet to either sign or veto the bill.
Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.
Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.
Cannabis in the United States Virgin Islands is legal for recreational use since January 18, 2023, under territorial law. Legislation to legalize was passed by the territorial legislature in 2022, and was signed into law on January 18. Medical use was legalized in 2019 through a bill that passed the Senate 9–4. It remains illegal under federal law.
Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.
Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.
Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.
Cannabis in New Jersey is legal for both medical use and recreational use. An amendment to the state constitution legalizing cannabis became effective on January 1, 2021, and enabling legislation and related bills were signed into law by governor Phil Murphy on February 22, 2021.
Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.
In Washington, D.C., cannabis is legal for both medical use and recreational use for possession, personal use, cultivation, transportation and gifting, and for retail sale once a regulatory system is implemented following an affirmative vote by the residents on a 2014 ballot initiative. The United States Congress exercises oversight over the government of the District of Columbia, preventing the local government from regulating cannabis sales like other jurisdictions with authority derived from a U.S. state.
New Jersey Cannabis Regulatory and Expungement Aid Modernization Act (S.2703) is proposed legislation to legalize, tax and regulate adult-use cannabis in the U.S. state of New Jersey, and to expunge certain drug-related offenses. A state Senate–Assembly joint committee passed the bill in November 2018 for a vote by both houses. The state governor Phil Murphy indicated support for legalization in his 2017 campaign.
South Dakota Initiated Measure 26 was a 2020 voter initiative to legalize medical cannabis in the U.S. state of South Dakota. The initiative was certified by the South Dakota Secretary of State for the 2020 ballot on December 19, 2019. The sponsor of the initiative was New Approach South Dakota, a volunteer group headed by Melissa Mentele. The group had unsuccessfully tried to get an initiative on the 2018 ballot. Polling in September 2020 indicated 70% voter support for the initiative.
Arizona Proposition 207 was a voter initiative that appeared on the November 3, 2020, Arizona general election ballot to legalize cannabis for recreational use. Passing with 60% of the vote, the initiative legalized the possession of up to an ounce of cannabis, licensed sales at dispensaries, and personal cultivation of up to six plants. Along with Montana, New Jersey and South Dakota, Arizona is one of four states that legalized recreational marijuana via ballot measures in 2020.
New Jersey Public Question 1, the Constitutional Amendment To Legalize Marijuana, was a measure that appeared on the November 3, 2020 New Jersey general election ballot. Passing with the largest margin of victory of any statewide cannabis legalization ballot measure in US history, Question 1 legalized the possession and recreational use of cannabis; although planned to go into effect January 1, 2021, implementation was delayed until February 22 due to a dispute between the governor and legislature over penalties for underage cannabis users. Retail sales are also allowed under the amendment.
2022 Missouri Constitutional Amendment 3, also known as the Marijuana Legalization Initiative, was a ballot measure to amend the Constitution of Missouri to legalize cannabis at the state level in Missouri. The measure was on the November 7, 2022, general ballot and was approved by voters with a margin of 53–47 percent.
Maryland data published in October showed that 73% of voters were in favor of legalization—and the results show that this was true for voters.
