In an effort to keep homeowner complaints down to a minimum – you may want to educate the Board and homeowners on the current regulations surrounding personal/recreational use of marijuana. These regulations change from State to State and we have provided a small recap below. An uninformed owner may start making complaints to management or even calling the police for what is now considered legal activity.
If your community has no smoking regulations for common areas or units/homes, you may want to restate those with homeowners and renters in your communities.
Marijuana on Delmarva
Last year, Maryland and Delaware legalized the personal/recreational use of marijuana, but here on the Delmarva peninsula, where we cross state lines regularly without thinking, it’s crucial to understand that laws regulating possession and cultivation of marijuana are very different in each state. And because cannabis remains illegal under federal law, it’s illegal to transport any quantity over state lines or to possess cannabis on any federal property such as a national park (i.e., Assateague.)
Maryland
As of July 1, 2023, Adults 21 and over may possess up to 1.5 oz. of marijuana, 12 grams of concentrated cannabis or a total amount of cannabis that does not exceed 750 milligrams THC. Adults may cultivate up to two plants per residence out of public view. (No more than 2 cannabis plants can be grown per residence, regardless of the number of adults who live at that residence.) Cannabis plants may only be grown on property owned by the grower or with the consent of the property owner.
Smoking cannabis in public is a civil offense with a $50 fine for a first offense and fines up to $150 for subsequent offenses. Possession of more than 2.5 ounces may result in criminal penalties.
Delaware
As of April 23, 2023, Adults 21 and over may possess up to 1 ounce of leaf marijuana and 12 grams or less of concentrated cannabis or cannabis products containing 750 milligrams or less of Delta-9-tetrahydrocannabinol.
Home cultivation of plants remains illegal in Delaware, as does consuming marijuana in public or in a moving vehicle.
Virginia
Since July of 2021, personal use of cannabis has been permitted in Virginia.
People age 21 or older may possess up to an ounce of marijuana and may cultivate up to 4 marijuana plants for personal use at their place of residence, but no household may contain more than four marijuana plants, regardless of how many people live there. It is illegal to manufacture marijuana concentrate from home-cultivated marijuana.
Complaints in Your Community?
Communities should refer to their governing documents when reviewing complaints related to smoke. If the documents include language prohibiting smoking in units or common elements or both, such prohibition probably includes marijuana smoke.
