The Maryland General Assembly gave final approval Friday to a pair of bills setting a November referendum on whether the state should legalize the possession, personal use, and home cultivation of small amounts of marijuana.

If voters approve, by July 2023 anyone over the age of 21 would be legally allowed to possess up to 1.5 ounces of marijuana, with anything between 1.5 and 2.5 ounces subject to a civil fine of $250 and anything above 2.5 ounces subject to a charge of possession with an intent to distribute.

Maryland residents would also be allowed to grow up to two marijuana plants in their own homes, provided they are kept out of public view. And for those convicted of violating laws related to possession of small amounts of marijuana, the bill would allow them to seek an expungement of their records and petition for immediate release if they are incarcerated.

According to a March 2022 poll by Goucher College, 62% of Maryland residents support legalizing marijuana, while 34% oppose. Support among Democrats and independent voters stands at 65% in favor, while Republicans more narrowly support it at 55%.

But what the bills do not do is create a system for the retail sale of marijuana, opting instead to push the creation of one to the 2023 legislative session. That was a point of contention throughout this year’s debates in Annapolis, with some progressive lawmakers and groups pushing for the legislature to simply legalize retail sales and create a system to allow people impacted by the war on drugs — largely Black and brown Marylanders — to gain preferential access to licenses and also to benefit from tax revenue.

“While I support cannabis legalization, we are once again leaving the community most harmed by the war on drugs behind,” said Del. Gabriel Acevero (D-Montgomery County), who voted for the referendum but against the bill that legalizes the possession of small amounts of marijuana. “From dealing with the issue of [marijuana] odor to increasing fines to not decriminalizing certain aspects of cannabis… the communities most impacted certainly were not centered when it comes to this legislation.”

But some other Democrats who said they wished for a broader bill legalizing sales also argued that what was presented to them was worth more than not acting at all. “We can’t let perfect be the enemy of the good,” said Del. Jazz Lewis (D-Prince George’s County).

Republicans largely voted against the bills, arguing in the Senate that a referendum was unnecessary — and that Democrats were using it to drive voters to the polls in November, when statewide offices like governor and attorney general will be on the ballot. “Why do we feel the need to put it on the ballot and not just — as their representatives — move forward?” asked Senate Minority Leader Bryan Simonaire (R-Anne Arundel County).

Maryland Marijuana Justice, a group pushing for a quicker legalization of sales, agreed in a tweet. “Putting this already known question on the ballot is such a waste of taxpayer dollars! Just legalize it already and stop arresting Black and brown people for it!” it said.

But other groups took the vote as a victory.

“Marylanders have long awaited a new approach to cannabis policy and the passage of these bills is a promising step forward. We applaud the legislature for taking decisive action this session to finally end the era of cannabis prohibition, a policy that is both long overdue and supported by a majority of constituents. We look forward to working with Maryland legislators on this issue moving forward,” said Olivia Naugle, senior policy analyst at the Marijuana Policy Project.

Some 17 states have legalized the possession and personal use of small amounts of marijuana, including D.C. and Virginia. But neither D.C. nor Virginia have yet to permit legal retail sales — D.C. is currently barred by Congress from doing so, while Virginia is expected to move in that direction in 2023.