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Maryland Criminal Defense Laws

Maryland abolished the death penalty in 2013. The state does not use a traditional graded felony classification — each offense has its own statutory penalty. There is no statute of limitations for felonies. Maryland has made significant criminal justice reforms, including marijuana legalization (2023) with automatic expungement of prior possession charges, and expanded expungement eligibility through the REDEEM Act and the 2025 Expungement Reform Act.

Last verified: 2026-02-25

Statute of Limitations

No limit (felonies); 1 year (misdemeanors)Md. Code, Cts. & Jud. Proc. § 5-106

Maryland has no statute of limitations for felonies — felony charges can be brought at any time. Misdemeanor prosecutions must generally commence within 1 year of the offense. Some specific misdemeanors have longer periods (2-3 years).

Key Maryland Statutes

Death Penalty AbolitionMd. Code, Crim. Law § 2-201 (as amended 2013)

Maryland abolished the death penalty on May 2, 2013, becoming the 18th state to do so. The maximum sentence for first-degree murder is life imprisonment without the possibility of parole.

Cannabis Legalization and Automatic ExpungementMd. Code, Crim. Law § 5-101 et seq.; Cannabis Reform Act of 2023

Recreational marijuana legalized July 1, 2023 for adults 21+. The Cannabis Reform Act provides automatic expungement for all cases where cannabis possession was the sole charge and was issued before July 1, 2023. Possession of up to 2.5 oz is legal; 2.5 oz to 1.5 oz is a civil citation ($100 fine).

REDEEM Act (Expanded Expungement)Md. Code, Crim. Proc. § 10-110

The REDEEM Act expanded expungement eligibility: nonviolent misdemeanor convictions are expungable after 5 years, nonviolent felony convictions and assault in the second degree after 7 years, and first/second degree burglary and felony theft after 10 years.

Expungement Reform Act of 2025HB 531 / SB 482 (effective October 1, 2025)

Further expands expungement eligibility. Allows petitions even after a probation violation. Courts consider overall success in completing supervision and the person's ability to pay restitution. Expanded list of expungable misdemeanor convictions.

Maryland provides "shielding" of certain records — they remain in the system but are hidden from public background checks. Low-level cannabis convictions are automatically shielded. Shielding is less complete than expungement but provides privacy protection for employment and housing.

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Maryland.

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