The 2022 ballot will intrigue many voters in Maryland this year. Lawmakers have agreed to language surrounding cannabis legalization and want to put it before voters. The question? Should recreational cannabis become legal for those 21 and older in Maryland?
The Maryland legislature also approved HB 837, which would create a basic list of rules for a recreational cannabis market should voters approve of the ballot question. Legalization wouldn’t happen until July 2023, regarding both possession and sales. But January 2023 would see some decriminalization efforts take place until possession and sales legalize.
From January 1, 2023, until July 2023, when the recreational cannabis legalizes, possession of small amounts of cannabis will receive a civil offense charge. Anyone with up to 1.5 ounces of cannabis would receive a $100 fine, and anywhere from 1.5 to 2.5 ounces of recreational cannabis would come with a $250 fine.
But all of this is contingent on if Maryland voters approve of recreational cannabis legalization, and Governor Larry Hogan, R, doesn’t veto HB 837.
Details of HB 837
Should Maryland voters legalize recreational cannabis, HB 837 would take effect and set basic rules and regulations for the upcoming market. First, adults 21 and over can purchase and possess up to 1.5 ounces of cannabis. Additionally, no criminal penalties for possession up to 2.5 ounces would occur. Civil offense charges would need to pay a fine. Adults can also grow up to two plants for their personal use. Even small amounts of gifted cannabis would become legal.
Two separate funds would be created, one for community reinvestment and another one called the Cannabis Business Assistance Fund. This second fund would support equity initiatives and help minority and women run businesses have equal access to the recreational market.
Finally, limited expungement measures are included under HB 837. For those with past convictions that are now legal under new state law would see their records automatically expunged. Those currently incarcerated for charges now legal can apply for resentencing.
Concerns Regarding HB 837
While the recreational cannabis legalization question heads to the November ballot, some lawmakers have expressed concerns about HB 837. Another bill, SB 833, had also been considered. This bill was similar to HB 837. It would set up the ground rules for recreational cannabis legalization and the subsequent market creation. However, SB 833 went into further detail about taxes, licensing, and more. But with the regular session ending on April 11, and not wanting to miss the veto period, lawmakers dropped SB 833 in favor of pushing HB 837 forward.
Without the details inside SB 833, lawmakers will have to discuss recreational cannabis sales taxes, revenue distribution, licensing, and more in the 2023 regular session should Maryland voters approve of recreational cannabis at the November polls.
Support for recreational cannabis is high in Maryland. A recent ACLU poll showed that ⅔ of the population, around 67%, supported recreational legalization. Other polls have shown similar results. The odds appear in favor of legalization, but official results will come in November. As more information becomes available, we will update you with the latest.
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