Maryland’s Proposed Clean Slate Act to Expunge Certain Charges

 Posted on February 10, 2025 in Drug Crimes

A recently proposed bill in Maryland could expunge some criminal records, primarily for misdemeanor charges and possession of cannabis. The Maryland Clean Slate Act would expunge any court records related to cannabis possession issued prior to July 1, 2023, or when at least three years have passed since the sentencing. If it has been at least seven years since misdemeanor sentencing, those charges could also be eligible for expungement.   

The bill specifically excludes domestic-related criminal offenses and second-degree assault charges. If passed, the public would be unable to access any references to the cases or electronic court records associated with the cases by mid-2027. Media documents would not be redacted, and hardcopy criminal records would not be destroyed.

Over the past five decades, more than 30 million Americans have been arrested at the state or local level for possession of marijuana. If you are currently facing charges for marijuana possession or you have questions regarding how the Maryland Clean Slate Act could affect your criminal record, it is important that you speak to a knowledgeable Northern Baltimore County drug crimes lawyer.

Cannabis Convictions in Maryland

The recreational use of cannabis was legalized in July 2023. About a year later, the Maryland Governor pardoned more than 175,000 convictions related to drug paraphernalia or cannabis possession. The Governor noted that Maryland residents should not face education, employment, or housing barriers for conduct that is no longer illegal.

The state of Maryland launched a dashboard in November 2024 through the Maryland Department of Health that monitored the impact of cannabis on public health, including ER visits and usage numbers. This data indicated an increase in cannabis-related hospitalizations between 2023 and 2024, although health officials noted that the increase largely involved cannabis vape products.  

What Are the Current Laws Regarding Cannabis Possession in Maryland?

Maryland law defines possession of marijuana into two categories – "personal use" and "civil use." As of July 1, 2023, those over the age of 21 can legally use and be in possession of the personal use amounts allowed. Those under the age of 21 or those in possession of the civil use amount are subject to penalties.

The amounts allowable for personal use are up to 1.5 ounces of cannabis, up to 12 grams of concentrated cannabis, cannabis products containing up to 750 mg strength Delta-9-THC, or up to two cannabis plants. Civil use amounts include more than 1.5 ounces but less than 2.5 ounces, more than 12 grams but less than 20 grams of concentrated cannabis, and cannabis products containing more than 750 mg but less than 1250 strength Delta-9-THC.

While police will issue citations for personal and civil possessions, these citations are not criminal and will result in a fine of $100 for personal possession and $250 for civil possession. Possession of more than the allowed amounts for civil or personal use is charged as a criminal misdemeanor. Those currently incarcerated for possession of marijuana in the state may apply for resentencing.   

What Are the Current Laws Regarding Possession of Drug Paraphernalia in Maryland?

Drug paraphernalia is any object that is associated with the use of drugs. Many of these items are harmless on their own yet can still trigger drug paraphernalia charges. Some examples include syringes, plant grow lamps, glass crack pipes, baggies, etc.

The crime of possession of drug paraphernalia is complex and constantly evolving. A conviction for a first offense of possession of drug paraphernalia is a misdemeanor that carries a fine of $500. Subsequent offenses are felonies that can result in up to two years in jail and a fine of up to $2,000.

Contact a Harford County, MD Defense Lawyer

If you are facing marijuana possession charges – or any other type of drug charges – in the state, the best step you can take for your future is to call a Northern Baltimore County, MD drug crimes attorney. Baltimore Legal Services has helped more than 10,000 clients, offers a custom flat fee, and is available 24/7 for your convenience. Call 858-523-8423 to schedule your free consultation.