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AI Laws in Maryland
As of 2026-08-12, AI Laws USA tracks 34 AI rules in Maryland: 14 state-level rules and 20 county or city rules. Federal AI protections apply statewide on top of these — see the federal page. Each entry links to its official source.
Maryland state-level AI rules (14)
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Enacted (not yet in effect)
MD HB 1339 (Automated Decision Systems, 2026)
Maryland · Effective 2026-10-01 · Md. HB 1339 (2026 Reg. Sess.)
Maryland employers that use automated decision systems in hiring, promotion, or termination decisions must disclose to applicants and employees that an automated system is being used. Employers must also conduct and retain impact assessments evaluating whether their ADS produces disparate outcomes by race, sex, or other protected characteristics. Penalties run up to $10,000 per violation. Takes effect October 1, 2026.
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Enacted (not yet in effect)
Maryland SB 8 (AI/deepfake impersonation)
Maryland · Effective 2026-10-01 · 2026 Md. Laws ch. 445 (SB 8)
This law makes it a crime to intentionally use artificial intelligence or a deepfake representation to impersonate, falsely depict, or claim to represent another person, or to create or distribute false records, with intent to cause harm, to induce someone to hand over personal identifying information, or to obtain a benefit, credit, good, service, or other thing of value. 'Deepfake representation' means synthetic media indistinguishable from an actual, identifiable human being, and a victim may bring a civil action.
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In effect
Maryland HB 820 (AI in insurance utilization review)
Maryland · Effective 2025-10-01 · 2025 Md. Laws ch. 747 (HB 820); Md. Code, Ins. 15-10A-06, 15-10B-05.1
When a Maryland carrier, pharmacy benefits manager, or private review agent uses artificial intelligence or an algorithm in utilization review, the tool's determinations must be based on the individual patient's clinical history, not solely on a group dataset. The AI may not replace the role of the reviewing provider, must not result in unfair discrimination, must remain open to audit, and may not deny, delay, or modify care in a way that harms enrollees. Carriers must report to the Insurance Commissioner quarterly on adverse decisions, including whether AI was used.
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Enacted (not yet in effect)
Maryland Predatory Pricing Act (surveillance pricing)
Maryland · Effective 2026-10-01 · 2026 Md. Laws ch. 154 (HB 895)
This law bars food retailers and third-party delivery service providers from using a consumer's personal data or dynamic (surveillance) pricing to set a higher price for tax-exempt food for a specific consumer. It also prohibits using protected-class data to offer, advertise, or sell goods in a way that withholds an accommodation or advantage from the consumer the data pertains to. Violations are treated as unfair, abusive, or deceptive trade practices under the Maryland Consumer Protection Act.
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In effect
Maryland HB 1563 (AI-denial reporting)
Maryland · Effective 2026-06-01 · 2026 Md. Laws ch. 165 (HB 1563); Md. Code, Ins. 15-10A-06
Among other emergency-room and post-acute care provisions, this law expands the quarterly report that carriers must submit to the Maryland Insurance Commissioner. The report must include the number of adverse decisions and whether an artificial intelligence, algorithm, or other software tool was used in making them. The Commissioner may use this information as a basis for examining the carrier.
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In effect
Maryland SB 141 (election deepfakes)
Maryland · Effective 2026-06-01 · 2026 Md. Laws ch. 444 (SB 141)
This law makes it a crime to knowingly or with reckless disregard create, use, or disseminate a deepfake to produce materially false information in the election context. It also directs the State Administrator of Elections to publicly issue correct information when there is a credible report of election misinformation, and lets the State Board of Elections file a civil action. The prohibition does not apply to satire or parody or to bona fide news broadcasting.
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In effect
Maryland Online Data Privacy Act
Maryland · Effective 2025-10-01 · 2024 Md. Laws ch. 440 (SB 541); Md. Code Ann., Com. Law §§ 14-4601–14-4626
Maryland's privacy law is stricter than most: it prohibits processing sensitive personal data unless strictly necessary for the requested service. Consumers can access, correct, delete, and port their data, and opt out of automated profiling and targeted advertising. AG enforcement began April 2026.
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In effect
MD NCII Deepfake Law
Maryland · Effective 2025-07-01 · 2025 Md. Laws Ch. 219 (SB 360); Md. Code Ann., Crim. Law § 3-809
Maryland expanded its revenge-porn statute to explicitly cover AI-generated deepfake intimate images — computer-generated likenesses indistinguishable from real persons. Victims get criminal remedies (up to 2 years, $5,000) and a new civil cause of action. Passed 47-0 and 140-0.
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In effect
The State of Maryland's Responsible AI Policy Implementation
Maryland · Effective 2025-05-01 · The State of Maryland's Responsible AI Policy Implementation Guidance (Version 1.0)
Maryland's Department of Information Technology guidance operationalizes the state's Responsible AI Policy, requiring agencies to designate an AI Lead, submit AI use cases through a risk-based intake process, complete Algorithmic Impact Assessments for high-risk systems, and document AI systems in a public inventory.
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In effect
Maryland AI Governance Act (2024)
Maryland · Effective 2024-07-01 · 2024 Md. Laws ch. 496 (SB 818)
This law sets up a governance framework for how Maryland state government builds, buys, deploys, and uses artificial intelligence. Each state government unit must inventory the systems it uses that employ high-risk AI and conduct regular impact assessments. The Department of Information Technology is directed to develop and adopt policies covering the development, procurement, deployment, use, and ongoing assessment of high-risk AI systems.
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In effect
MD DOI AI Bulletin
MD · Effective 2024-04-22 · Maryland Insurance Administration Bulletin 24-11 (2024-04-22)
The MD Department of Insurance adopted the NAIC Model Bulletin on Use of Artificial Intelligence Systems by Insurers. Insurers licensed in MD must maintain a written AI program with governance, risk-management, testing, third-party-AI oversight, and documentation controls. The bulletin operationalizes existing unfair-trade-practice and unfair-discrimination law as applied to insurers' AI use cases — underwriting, pricing, claims, fraud detection, and marketing.
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In effect
MD EO 01.01.2024.02
MD · Effective 2024-01-08 · Md. Exec. Order No. 01.01.2024.02 (Jan. 8, 2024)
Governor Moore's EO 01.01.2024.02 establishes values-based principles and an AI Subcabinet to coordinate ethical AI use across Maryland state government.
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In effect
Maryland CSAM Law (computer-generated images)
Maryland · Effective 2023-10-01 · Md. Code, Crim. Law 11-208
Maryland's child sexual abuse material statute reaches not only real photographs of children but also computer-generated images that an ordinary person could not tell apart from an actual, identifiable child under the age of 16. It is a crime to knowingly possess and intentionally retain, or to knowingly access and intentionally view, such material showing a child engaged in sexual conduct. Pure drawings, cartoons, sculptures, and paintings are excluded.
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Proposed / pending
HB560
MD · MD HB560 (2026 Regular Session)
Repealing an exemption from the sales and use tax for certain sales of certain personal property for use at certain qualified data centers under certain circumstances; and repealing the authorization for a governing body of a county or municipal corporation to reduce or eliminate the assessment of certain personal property used in certain qualified data centers.
County and city AI rules in Maryland (20)
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In effect
Montgomery County MD 18-month data center moratorium
Montgomery County, MD · Effective 2026-07-28 · Montgomery County, MD, Expedited Bill 19-26 and companion Zoning Text Amendment (adopted 11-0, July 28, 2026)
The Montgomery County, Maryland County Council voted unanimously 11-0 on July 28, 2026 to impose an 18-month moratorium on the issuance of any data center permits by the Department of Permitting Services. The moratorium runs through approximately January 28, 2028. The council simultaneously approved a Zoning Text Amendment permanently blocking any data center larger than 25 megawatts from being built in the county. The 18-month duration was a compromise between shorter and longer proposals. County Executive Marc Elrich had previously issued a 6-month executive-order moratorium in June 2026, and the council action codifies and extends that pause. Montgomery County includes Bethesda, Silver Spring, Germantown, and Rockville; it is the most populous county in Maryland and a significant corridor for data center development interest in the Maryland suburbs of Washington, DC.
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In effect
Prince George's County MD 2-year data center moratorium
Prince George's County, MD · Effective 2026-07-08 · Prince George's County, MD, County Council 2-year hyperscale data center moratorium (adopted July 7–8, 2026)
The Prince George's County Council, Maryland, approved a two-year moratorium on all new hyperscale data center development on July 7–8, 2026 — the longest county-level data center moratorium imposed in the United States. The moratorium allows the Council to draft comprehensive zoning legislation setting standards for data center siting and construction. The action came out of the controversy over the proposed conversion of Landover Mall into a data center complex. The moratorium can be lifted early if the Council adopts a comprehensive data center zoning framework before the two-year period expires. One Council member voted against the measure; three abstained.
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In effect
Six-month data-center permit moratorium (Montgomery County, MD)
Montgomery County, Maryland · Effective 2026-06-12 · Montgomery County (MD) County Executive Executive Order — six-month data-center permit moratorium (signed ~June 12, 2026)
Montgomery County Executive Marc Elrich signed an Executive Order around June 12, 2026 enacting a six-month moratorium on new data-center building permits in Montgomery County, Maryland. Council Member Evan Glass had proposed the measure in May 2026; the County Executive acted on the recommendation. The moratorium pauses new data-center permitting while county officials review grid-cost impacts on ratepayers and potential effects on affordable housing near future Red Line infrastructure. The Atmosphere Data Centers project in Dickerson and any other in-process applications not yet approved would be paused.
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In effect
Baltimore Data Center Moratorium
Baltimore, MD · Effective 2026-05-11 · City of Baltimore, data center moratorium ordinance (signed May 2026)
Baltimore Mayor Brandon Scott signed legislation in May 2026 imposing a one-year moratorium on new data centers with 10 megawatts or more of peak electricity demand. The pause gives city officials time to develop land-use and infrastructure standards for large digital infrastructure projects.
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In effect
Montgomery County MD AI Governance Framework
Montgomery County, MD · Effective 2025-04-30 · Montgomery County Executive Order 2-25 (AI) (2025-04-30)
Montgomery County Executive Order establishing AI governance framework: requires AI inventory, impact assessment before deployment in resident-facing services, mandatory human review of consequential decisions, prohibition on facial-recognition use by county departments without Council authorization, and annual public reporting.
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In effect
Montgomery County MD Police Directive FC 0627
Montgomery County, MD · Effective 2024-10-01 · MCPD Directive FC 0627 (Use of Facial Recognition Technology), posted 2024-10-01
Montgomery County Police Department Function Code 0627 — 'Use of Facial Recognition Technology' — is the operational directive governing MCPD's use of facial recognition. The directive was published October 1, 2024 on the official MCPD policy library. It is paired with Council Bill 33-22 (adopted Feb. 13, 2023) at the legislative level. Maryland's statewide HB 338/SB 182 (signed May 16, 2024) adds reasonable-suspicion-of-qualifying-offense and no-sole-basis-for-arrest constraints that apply to all state, county, and municipal law-enforcement agencies including MCPD.
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In effect
Worcester County MD data center + cable landing moratorium (2026)
Worcester County, MD · Worcester County, Md. resolution (2026); number blank in the official draft
The resolution imposes a moratorium on the application for or issuance of permits for data centers and cable landing stations in Worcester County, and separately imposes a moratorium on all Board of Zoning Appeals proceedings related to those uses, each for twelve months or until the Commissioners rescind it. It defines a DATA CENTER as one or more buildings used primarily for the storage, management, processing and transmission of digital data. Critically, it separately defines a CABLE LANDING STATION as a facility where subsea cable systems terminate and digital data is transmitted to land-based telecommunications networks, and expressly provides that 'A cable landing station shall not include data storage, management, processing or computation' — a distinct legal category, not a subset of data centers.
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Blocked / in litigation
MD Supreme Court blocks Frederick County DC zoning referendum
Frederick County, MD · Frederick County, Md. data center zoning referendum litigation — Md. Supreme Court, decided 2026-06-30 (written opinion pending at time of coverage)
The Maryland Supreme Court ruled June 30, 2026 that Frederick County's December 2025 approval of a 2,600-acre 'critical digital infrastructure overlay zone' for data centers is not subject to a citizen referendum under the county charter, upholding a lower court and blocking a ballot question more than 21,000 residents had petitioned for. The court also found the proposed ballot question itself legally deficient (unclear map depiction, incomplete ordinance text).
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Proposed / pending
Calvert County data-center text amendments adopted May 5, 2026
Calvert County, Maryland · Effective 2026-05-05 · Calvert County, MD data-center text amendments (May 5, 2026)
Data center text amendments adopted by Calvert County BOCC. Amendments mandate closed-loop cooling systems, prohibit groundwater use for cooling, require developers to fund infrastructure upgrades, and enforce Tier 4 generator standards. Action taken May 5 after two prior failed motions (by Commissioners Mike Hart and Catherine Grasso) to enact a temporary 24-month moratorium.
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In effect
Prince George's County MD Public Schools
Upper Marlboro, MD · Effective 2025-09-15 · Prince George's County MD Public Schools — Generative AI Use Procedure (2025-09-15)
Procedure approved alongside Board Policy 0123: limits enterprise AI access to approved systems only, bars input of student PII or confidential employee records into AI tools, requires professional accountability for AI-generated content, and may result in disciplinary action for policy violations. The procedure is AP 0123, not AP 0500.
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In effect
Baltimore City Public Schools
Baltimore, MD · Effective 2025-09-09 · Baltimore City Public Schools — Generative AI Use Guidance (2025-09-09)
City Schools districtwide guidance authorizes vetted enterprise AI tools, bars student entry of PII into non-approved AI, requires teacher disclosure of AI use in instruction, and prohibits AI as sole basis for grading or discipline. Anchored in Board Policy IIBE (Acceptable Use).
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In effect
Howard County MD Public School System
Ellicott City, MD · Effective 2025-03-03 · Howard County MD Public School System — AI Use Policy Statement & Policy 8080 Update (2025-03-03)
Board approved (January 30, 2025, effective March 3, 2025) modifications to Policy 8080 — Responsible Use of Technology, Digital Tools, and Social Media — restricting student personal device (cell phone) use during the school day for all PreK-12 students, with limited exceptions for documented IEP/504/health needs. The policy does not contain an explicit AI section; AI use is addressed only implicitly through broad digital-tools and academic-integrity language.
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In effect
Frederick MD
Frederick, MD · Effective 2024-11-21 · Frederick MD — City Generative AI Use Policy (2024-11-21)
Mayor & Board of Aldermen adoption: citywide AI policy with vetted-tool list, bar on PII entry into consumer AI, disclosure expectations for AI-assisted public communications, and IT review of AI procurement.
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In effect
Montgomery County MD Public Schools
Rockville, MD · Effective 2024-08-29 · Montgomery County MD Public Schools — Guidelines for Use of Artificial Intelligence (2024-08-29)
MCPS issued districtwide AI guidelines authorizing teacher use of vetted tools (Google Gemini for Education, Microsoft Copilot), barring student entry of personal data into GenAI, requiring teacher disclosure when AI generates student feedback, and prohibiting AI-only disciplinary or grading decisions. Implemented via Board Policy IGS (Educational Technology) administered through BoardDocs.
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In effect
Montgomery County Police Department Drone as First Responder
Montgomery County, MD · Effective 2023-11-20 · Montgomery County Police Department Drone as First Responder Program
Montgomery County Police launched a DFR program on November 20, 2023, limited to responding to calls for service, with no proactive surveillance, audio recording, or facial recognition and a warrant requirement for private areas.
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Enacted (not yet in effect)
Washington County (MD) 12-month data center moratorium
Washington County · Washington County (MD) 12-month data center moratorium
The Washington County (Maryland) Commissioners voted 4-1 to approve a 12-month moratorium temporarily halting new data center applications.
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Blocked / in litigation
In re: Frederick Cnty. Data Center Referendum (No. 67, Sept.
Frederick County · In re: Frederick Cnty. Data Center Referendum (No. 67, Sept. Term 2025)
The Maryland Supreme Court upheld a lower-court ruling that zoning changes creating Frederick County's 2,600-acre data center development zone (Ordinance 26.01.001) are not subject to a ballot referendum, keeping the data center zoning in force.
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In effect
Prince George's County 2-Year Data Center Development Morato
Prince George's County · Prince George's County 2-Year Data Center Development Moratorium
The Prince George's County Council is considering a two-year moratorium pausing approvals of new data center development.
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Proposed / pending
Data center ZTA #25-187 (Charles County, MD) — Planning Commission recommended denial
Charles County, Maryland · Charles County (MD) ZTA #25-187 (Planning Commission action June 1, 2026)
Proposed Zoning Text Amendment that would define and permit (with conditions) a new land-use designation (7.01.130, Data Center) in the General Industrial (IG) and Heavy Industrial (IH) zones. After a June 1, 2026 public hearing, the Charles County Planning Commission unanimously recommended denial citing concerns over size limitations, decommissioning, environmental analysis, and community benefit agreements. Proposal now goes to the Board of County Commissioners for a final vote.
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Expired
Baltimore FR Ban (Expired)
Baltimore, MD · Effective 2021-09-08 · Baltimore, Md., Council Bill 21-0001 (2021) (expired Dec. 31, 2022)
Baltimore's 2021 ordinance banned private entities and individuals (and most city agencies) from using face surveillance systems, with criminal penalties. It contained a sunset clause and EXPIRED on December 31, 2022 when the City Council did not extend it. As of June 2026 the ban is no longer in effect; 2023 successor bills were not confirmed as enacted.
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