Maryland & Missouri Legalized Marijuana for Adult Use: What to Expect Next

In this November’s elections, voters in both Maryland and Missouri voted in favor of their states’ respective adult-use legalization measures, bringing the tally of states that have legalized marijuana for adult use up to a total of 21 states.

Maryland Question 4, the Marijuana Legalization Amendment, was on the ballot as a legislatively referred constitutional amendment, and the ballot measure passed with an overwhelming 66% in favor. Maryland is now only the second state to legalize marijuana for adult use via the passage of a popular referendum.

Question 4 amended the Maryland Constitution to add a new article which authorizes individuals 21 years of age and older to use and possess marijuana beginning July 1, 2023. The measure also directs the Maryland State Legislature to pass laws for the use, distribution, regulation, and taxation of marijuana. As such, it is now up to state lawmakers to efficiently adopt rules to establish and oversee a regulated adult-use marijuana marketplace in Maryland. Moreover, by approving Question 4, Maryland voters also triggered the enactment of separate but complementary piece of legislation which defines marijuana possession limits and facilitates the automatic review and expungement of low-level cannabis convictions. Under this legislation, adults will be legally permitted to possess up to 1.5 ounces of marijuana and/or 12 grams of marijuana concentrates beginning in July 2023. Adults will also be permitted to grow up to 2 marijuana plants in their homes for their own personal use. Further, possessing marijuana in amounts between 1.5 and 2.5 ounces will subject people to civil fines, while the possession of greater quantities will remain subject to existing criminal penalties.

Meanwhile, Missouri voters decided in favor of Amendment 3, the Marijuana Legalization Initiative, which was on the ballot in Missouri as a voter initiated constitutional amendment. Notably, the vote marks the first time that voters in a mid-western state have decided in favor of a citizens’ initiative legalizing marijuana for adult use, and the measure passed with over 53% of voters voting in favor.

Amendment 3 legalized the purchase, possession, consumption, use, delivery, manufacture, and sale of marijuana for personal use for adults over 21; allows individuals with certain marijuana-related non-violent offenses to petition for release from prison or parole and probation and have their records expunged; and enacts a 6% tax on the retail price of adult-use marijuana. Missouri’s adult-use legalization measure allows adults to possess up to 3 ounces of marijuana and to cultivate at home up to 6 flowering plants, 6 immature plants, and 6 plants under 14 inches for their own personal use. Further, Amendment 3 provides for the establishment of a lottery selection process to award marijuana business licenses and certificates; requires the issuance of equally distributed licenses to each congressional district; and places an emphasis on social equity in business licensing. Additionally, the measure allows for local cities and municipalities to opt-out of adult-use marijuana retail sales through a vote of the people.

While the passage of adult-use legalization measures in Maryland and Missouri undoubtedly represents significant victories for advocates and will help to build momentum for the federal legalization movement, it is important to note that it will take some time for the markets in these states to get up and running.