can you grow marijuana at home in maryland

Can you grow marijuana at home in maryland

No, you can’t grow marijuana at home but you can ask a licence to grow in special areas. The number of states legalizing marijuana in the United States of America is growing in a rapid way. Maryland, another state has also joined in the list to legalize marijuana only for medical uses with specific conditions. A bill has been drafted for the marijuana for recreational purposes. Of course, it is illegal to sell marijuana in Maryland.

Everything you need to know about growing marijuana in Maryland

Currently, only 31 of the 50 states have legalized marijuana for specific purposes. It is estimated that the bill for growing marijuana will get passed in the year 2022. If you grow marijuana in Maryland, you will be charged with criminal cases.

The legalization of Marijuana in Maryland

It is not allowed for patients to cultivate their marijuana plants until it is fully legalized in the state. Only the dealers of the local dispensaries who are granted the certificate and license are allowed to grow marijuana in Maryland.

​A resident is one who lives in Maryland.  A person may demonstrate Maryland residency by providing one or more of the following: 1) Most recent Maryland tax return; 2) Most recent Maryland property tax bill; 3) Local gas and electric bill that is no more than 4 months old; 5) Valid Maryland Driver’s license; or 6) Another record that corroborates the Maryland residency. 

​Yes, as long as the premises comply with local zoning and planning codes, and are constructed and organized to maintain security, cleanliness, safety and the required inventory controls, a grower facility and a processor facility may be located on the same property.​

​Yes. A person can be an owner in an entity that obtains a license for each class of activity, and therefore would be an agent for each licensee.​

​While any subcontractor may be registered with the MMCC, the subcontractor is not required to register with the MMCC. However, should the subcontractor not be registered with the MMCC, then, they are considered a visitor to a non-public area, and the Grower, Processor, or Dispensary will be required to 1) log the visitor in and out of the premises; 2) retain a photocopy of the visitor’s government-issued identification; 3) continually visually supervise the visitor while on the premises; 4) ensure that the visitor does not touch any plant or medical cannabis; and 5) maintain a log of all visitors to non-public areas for two years.

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Can a person be an agent for a grower, processor and a dispensary?

​Evidence that the licensed premises comply with all zoning planning requirements is required in S tage Two of the application process.​

A business may be registered to conduct business in the State of Maryland.  They may be either an out-of-state company which is establishing its Maryland existence, and its principal place of business may or may not be Maryland.  Alternatively, the business entity could be a “grass roots” company, meaning a business that was founded in Maryland and maintains its principal place of business in Maryland.  In either eventuality, a business entity may demonstrate its ability to conduct business in the State of Maryland by providing the following: 1) Articles of Incorporation or Articles of Organization; 2) Certificate of Status (also referred to as a Certificate of Good Standing); and 3) Identification of the Resident Agent.  ​

​Growers will contract with one or more independent testing laboratories for the laboratory to test every batch of medical cannabis to assure that every batch meets approved specifications.​

If our organization obtains a license to be a grower and a license to be a processor, may we locate both of those operations at a single location?

​Yes, parties or entities who wish to operate a growing and processing facility, as well as a dispensary, must submit separate license applications for each facility.  The Commission may award separate licenses for each operation.​

​The Commission will rely upon the zoning and planning approval issued by the local jurisdiction. The local jurisdiction will determine whether a zoning designation that permits agricultural production included production of medical cannabis. The applicant should take steps to assure that the local jurisdiction has interpreted its zoning code to mean that an agricultural production zoning designation includes production of medical cannabis. ​

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Can you grow marijuana at home in maryland

Marijuana laws around the country are evolving at a rapid pace, but growing marijuana in Maryland is still illegal, and defendants who are charged with growing marijuana face possible felony charges. Despite promises by politicians and pro marijuana lobbyist groups, the federal government has not weakened its stance on the legality of marijuana. Regardless, many states throughout the country have legalized the production of marijuana for legitimate medical use. Legal medical marijuana growing is a highly profitable business, which generates millions of tax revenue for states such as Colorado and California. Maryland has recently joined the 20 plus states that sanctions marijuana production, but law enforcement officers are continuing to make hundreds of drug busts each year for illegally growing marijuana. If you or someone you know has been arrested or is being investigated for growing marijuana consult a marijuana lawyer in Maryland immediately. Defendants who do not take action in their marijuana cases can face a permanent criminal record, heavy fines, and even jail time.

Growing marijuana without a medical card is not a legal and anyone arrested for growing will most likely be charged with manufacturing marijuana or possession of marijuana with the intent to distribute. Unfortunately for citizens who legitimately grow marijuana for their personal use, police and prosecuting lawyers will almost certainly charge a marijuana grower with felony manufacturing regardless of how many plants he or she is alleged to have possessed. Drug manufacturing is defined as producing, preparing, or compounding any controlled substance. Manufacturing includes naturally extracting a substance such as marijuana or chemically engineering a substance such as cocaine or MDMA. Although the drug manufacturing law does not mention growing, Maryland case law specifically holds that growing marijuana can be considered manufacturing marijuana. On the other hand, if you have been arrested for growing marijuana, an experienced drug lawyer may be able to prevent this charge from being filed, and will fight to have marijuana manufacturing charges dropped in the event that this charge is filed.

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A person can be arrested and charged with growing marijuana for operating an indoor grow house, or for growing the plant outside in open air. Outdoor marijuana plants are typically harvested during the fall, and there is often an increase in police helicopter surveillance activity in September and October as a result. The state police, DEA, and other Maryland law enforcement offices often conduct flyover surveillance in the more rural areas of Maryland, such as northern Baltimore County, and Prince George’s County. This type of police activity is legal, and supported by case law as long as the helicopter does not hover at a level that would be too intrusive. If police observe marijuana plants in a person’s backyard or garden they may use these observations to initiate an investigation that could ultimately lead to a search warrant and possible arrests. Indoor marijuana growing operations can occur at highly sophisticated grow houses, or could include as little as one plant growing a person’s closet. Either way, if police were somehow to gain entry into a person’s home and observe marijuana plants growing an arrest for drug manufacturing will likely be the result. A Maryland marijuana lawyer may be able to have the evidence in a drug manufacturing case suppressed, and possibly have charges dismissed. Contact The Herbst Firm today if you have been involved in a marijuana growing case.