Gaithersburg, MD Cannabis Regulations: Home Cultivation (2026)

The Maryland Cannabis Reform Act of 2023, codified in Maryland Criminal Law Article Title 5, Subtitle 1, legalized recreational cannabis possession and home cultivation for adults 21 and older effective July 1, 2023. Each person 21 or older may cultivate up to 2 cannabis plants at their primary residence, with a household maximum that varies by number of qualifying adults. Plants must be grown in an enclosed, locked space that is not accessible to anyone under 21 and is not visible from a public place without the use of binoculars, aircraft, or other optical aids. Outdoor cultivation is permitted if the plants meet the enclosed and locked requirement and are not visible to the public. Gaithersburg has not enacted additional local restrictions on home cannabis cultivation. The city's zoning ordinance does not separately regulate personal cannabis growing within a residence. Renters should check their lease agreements, as landlords may prohibit cultivation. HOA covenants may also restrict growing if specifically addressed. Medical cannabis patients registered with the Maryland Cannabis Administration may cultivate additional plants under the medical program. All harvested cannabis must be stored securely away from minors. Contact the Maryland Cannabis Administration for questions about state cultivation rules.