Drug Lawyer

Getting arrested for a drug offense in Maryland is serious.

The failed war on drugs has taken a huge toll on individuals and communities across the nation. While some signs of reform have emerged, particularly regarding marijuana possession, drug crimes remain incredibly serious and can cause loss of liberty, fines, and collateral consequences for those convicted. Because drug offenses remain serious in Maryland, its extremely important to speak to a criminal defense lawyer to help protect your liberty and your constitutional rights. Maryland has several types of crimes including misdemeanors and felonies depending on the drug type, drug quantities, and surrounding circumstances of the offense.

Maryland Felony Drug Offenses

Possession with intent to distribute is a felony drug offense in the State of Maryland and the severity of the offense depends on the drug in question. For Schedule I and II drugs, the maximum penalty for the offense is 20 years in prison and/or a maximum fine of $25,000.00. For hallucinogens including LSD and dissociative analgesics like PCP, the maximum penalty is 20 years in prison and/or a fine of up to $20,000.00. Finally, drugs that are not schedule I or II carries a maximum penalty of up to five years in jail and/or a $15,000.00 fine.

Maryland also has mandatory minimums for possessing large quantities of drugs. For fifty or more pounds of marijuana, there is a five-year mandatory minimum prison sentence. The five-year maximum penalty also applies to possession of 448 grams of cocaine or methamphetamine, 50 grams of crack cocaine, 28 grams of opium, heroin, or morphine, 1,000 doses of LSD, and 16 ounces of PCP. Whereas for most drug crimes like possession with intent to distribute the government must prove certain “indicia” of sale. That means the government typically needs evidence like scales, baggies, cutting agents, and large quantities of drugs and cash. However, for these five-year mandatory minimum offenses, the large quantities are enough to trigger the mandatory prison time.

Maryland Misdemeanor Offenses

Simple possession of a controlled substance in Maryland is typically a misdemeanor (unless it’s simple possession of the large quantities mentioned above). The maximum penalty for simple possession is four years in prison and/or a fine of $25,000.00. These maximum penalties, however, do not mean that a person convicted will necessarily get the max. Maximum penalties simply mean the legal maximum a judge can sentence someone under the law. Maryland Criminal Code Section 5-601 prohibits the possession of controlled substances and also makes it a crime to try and procure prescription drugs through fraudulent means. This crime is also a misdemeanor and it carries a maximum penalty of one year in jail and/or a $5,000.00 fine for first offenders. Second and greater offenses carry larger maximum penalties.

Maryland Marijuana Decriminalization

Currently, the State of Maryland has decriminalized the possession of small amounts of marijuana for personal use. That means possession of less than 10 grams of marijuana will only result in getting a citation, which is a civil infraction analogous to a speeding ticket. The maximum fine for the ticket is $100.00 for the first offense. The financial penalties increase with subsequent offenses. For example, a second and third offense can result in a fine up to $500.00. In addition, for people under the age of 20 must pay a civil fine and attend a drug awareness education course. Finally, it remains a misdemeanor to possess more than 10 grams of marijuana in Maryland and it is also important to remember that marijuana remains illegal under federal law. Maryland also has laws that permit Marijuana use for those prescribed for medical marijuana.

Maryland Drug Paraphernalia Laws

The State of Maryland also has criminal penalties for possession of drug paraphernalia. Examples of drug paraphernalia include things like baggies, cutting agents, scales, and drug manufacturing equipment, among other things. Lots of things that law enforcement might view as drug paraphernalia could actually not be drug paraphernalia. For example, a microgram scale can be used by people who cook or bake and need precise measurements for recipes. However, it is also something a so-called drug dealer might use to weigh out portions of drugs for sale.

Accordingly, Maryland courts have outlined factors to consider as evidence that an object or tool is used for drug distribution or consumption. These factors include any expert testimony the government produces, whether any drugs are found in close proximity of the object, if residue from a drug is found in or on the object, advertising or written material evidencing drug use, and prior drug offenses the possessor may have.
On the other hand, Maryland has also decriminalized marijuana paraphernalia that evidences personal use. This includes things like bongs, grinders, rolling papers and other items associated with personal marijuana use.

Diversion in Maryland Drug Cases

It is possible that in some situations, the State will allow individuals charged with drug crimes who have no record to participate in some form of diversion. Diversion is a process where instead of pleading guilty or taking the case to trial, the State and the accused enter into a contract in which the accused agrees to complete some conditions in exchange for dismissal of the charges. For drug crimes, the conditions may be things like drug classes or treatment, community service, and/or fines. Successful completion of diversion, where offered, will usually result in dismissal of the case.

Hiring a Maryland Drug Attorney

If charged with a drug offense in Maryland, whether misdemeanor or felony, its always important to consult with a qualified and experienced drug attorney. When looking for an attorney, you should seek out someone with experience practicing in the courthouse where you are charged. Moreover, its important to find someone who will aggressively represent you against the government and not just hold your hand while you plead guilty.
Attorney Paolo Gnocchi is a fearless and aggressive advocate with years of experience defending drug charges in Maryland. She regularly practices in Montgomery, Prince George’s, and surrounding counties in both General District and Circuit Courts. She will give you advice that serves your best interest and ensure your constitutional rights are protected.