Maryland Cannabis Law & Your Old Record
In 2023, Maryland legalized adult-use cannabis. Adults 21 and older may now possess up to 1.5 ounces of cannabis without criminal penalty under Criminal Law Article §5-601.2. But legalization does not automatically clear prior convictions. If you have an old marijuana arrest or conviction on your record, it can still affect employment, housing, and professional licensing — unless you act.
The 2025 Expungement Reform Act significantly expanded eligibility for cannabis-related record clearing. Combined with Maryland's automatic expungement provisions for certain cannabis convictions, many people now have realistic paths to a clean record.
What Marijuana Charges Are Expungeable?
| Charge Type | Eligible? | Waiting Period |
|---|---|---|
| Simple possession (any amount, pre-legalization) | Yes | 3 years from conviction/sentence completion |
| Possession of paraphernalia | Yes | 3 years |
| Charges dismissed, nolle prosequi, or acquittal | Yes | No waiting period |
| PBJ on marijuana possession | Yes | 3 years after probation ends |
| Distribution / PWID (small amount, non-violent) | Case-by-case | Consult attorney |
| Distribution / PWID (large quantity or violence) | Generally no | May not be eligible |
Automatic Expungement for Cannabis Convictions
Maryland enacted provisions for automatic expungement of certain cannabis convictions — particularly those involving conduct that is no longer criminal under current law. The Maryland Judiciary is implementing this process in phases. However, automatic processing can be slow or incomplete. Filing a petition for expungement remains the surest way to confirm your record is cleared and to obtain court-issued documentation proving it.
Don't wait for automatic relief. If you have a cannabis conviction affecting your job, housing, or professional license, a petitioned expungement gives you documentation of the cleared record and is often faster than waiting for the automated system to process your case.
How Cannabis Legalization Affects Pending Charges
If you have a charge pending for simple marijuana possession, you may be eligible for dismissal or diversion given the change in law. However, this is not automatic — it requires appearing in court or having an attorney appear on your behalf. Distribution charges and charges involving amounts over the legal limit remain criminally prosecutable regardless of legalization.
Federal Employment and Security Clearances
Even after a Maryland expungement, federal agencies are not always bound by state expungement orders. If you hold or are applying for a federal security clearance or federal employment, prior cannabis use and prior arrests may still need to be disclosed on federal forms. An attorney can advise you on the specific requirements of your situation.
The Expungement Process for Marijuana Charges
To expunge a marijuana charge, a petition must be filed in the court where the charge was heard. The petition identifies the charge, the date, and the outcome. The State's Attorney's office receives notice and may object. In most simple possession cases, the process is uncontested. The court typically issues an order within 30 to 90 days for uncontested petitions.
Frequently Asked Questions
I was convicted of marijuana possession years ago. Am I eligible?
Most likely yes, under the 2025 reform and Maryland's cannabis legalization provisions. The key questions are the charge type, whether you completed your sentence, and whether you have subsequent convictions. Call our office for a free record review.
Will my employer be able to see the expunged marijuana charge?
After a successful expungement, the charge is removed from public court records. Standard background checks should not reveal it. However, some federal-level checks and certain licensing boards operate under different standards.
How much does it cost to expunge a marijuana charge?
There is a court filing fee. Attorney fees vary by complexity. The Cohen Law Firm offers flat-fee expungement services. Call 410-332-0414 for a quote specific to your record.