Maryland Drug Crime Law
Maryland Drug Crime Attorneys
If you are facing charges related to drug crimes in Maryland, you likely have numerous concerns regarding your impending legal proceedings. You may be wondering about the potential charges and associated penalties, the available defense strategies, the impact on your employment prospects or current job, and the possibility of being found guilty despite using controlled substances for medical reasons. Additionally, you may be questioning why the court is attempting to establish an intent to distribute drugs when you never had any such intention.
Our experienced Maryland criminal defense attorney can provide answers to your questions and offer guidance throughout the legal process. We understand the complexities of drug crime cases and will work diligently to protect your rights and achieve the best possible outcome.
Maryland Defense Attorney for Drug Possession Crimes
Charges related to drug possession and administration in Maryland are governed by Maryland criminal code § 5-601. According to this code, it is illegal for an individual to possess a controlled dangerous substance without a valid prescription from an authorized provider. Administering a controlled dangerous substance to another person without proper authorization is also prohibited.
Additionally, the code states that obtaining or attempting to obtain a controlled dangerous substance through deceptive means, misrepresentation, fraud, or other unlawful methods is illegal. This includes actions such as counterfeiting prescriptions, concealing information, identity theft, or using false addresses or names. It is important to note that communication with a physician in an attempt to obtain a controlled dangerous substance is not protected by doctor-patient confidentiality.
The penalties for simple possession of a controlled dangerous substance vary depending on the circumstances. Generally, it is considered a misdemeanor offense, punishable by up to 4 years in prison and a maximum fine of $25,000. However, the actual penalties imposed may be lower, and the specific outcome depends on the unique nature of each case.
Different controlled substances carry different penalties, with more severe consequences for drugs such as methamphetamine and cocaine compared to substances deemed less dangerous or addictive. For marijuana possession, the maximum penalty is up to 1 year in jail and a fine of no more than $1,000. If it can be proven that the possession was for medical necessity, the maximum penalty upon conviction is a fine not exceeding $100. Given the complexity and potential interpretations of these laws, having a skilled Maryland drug attorney by your side can greatly impact the outcome of your case, potentially reducing or eliminating the charges and associated penalties.
Drug Distribution and Manufacturing Crimes
Maryland criminal code § 5-602 addresses offenses that are more serious than simple drug possession crimes. According to this code, it is illegal to dispense, manufacture, or distribute controlled dangerous substances such as methamphetamine or crack cocaine. Possessing a controlled dangerous substance with the intent to dispense or distribute it is also prohibited under this code.
The possession of equipment necessary for manufacturing a controlled dangerous substance is covered by Maryland criminal code § 5-603, which is related to § 5-602. Possessing devices, instruments, equipment, or machinery with the intent to manufacture or distribute a controlled dangerous substance is deemed illegal under this code. To enforce this code, the court must establish that the equipment was possessed with the intention of producing drugs for distribution.
Violating these laws, as stated in Maryland criminal code § 5-607, is a felony offense carrying a maximum penalty of up to 5 years in prison and a fine not exceeding $15,000. Repeat offenders face the same maximum penalties, with a minimum mandatory incarceration period of 2 years. During this mandatory minimum period, no parole may be granted.
Penalties are even more severe if a controlled dangerous substance is manufactured or possessed with the intent to distribute within 1,000 feet of a public or private school. Under criminal code § 5-627, this offense is considered a felony, punishable by up to 20 years in prison and a maximum fine of $20,000. Subsequent violations result in prison terms ranging from 5 to 40 years, along with fines up to $40,000. A mandatory minimum sentence of 5 years applies to repeat offenders.
Furthermore, criminal code § 5-610 states that violators may be required to pay a restitution fee for the cleanup or remediation of facilities or laboratories involved in the manufacturing of controlled dangerous substances. This fee is separate from any fines imposed for the crime itself.
Counterfeit Substance and False Prescription Crimes in Maryland
Maryland criminal code § 5-604 makes it illegal to distribute or manufacture counterfeit substances, as well as possess counterfeit substances with the intent to distribute them. A substance is considered counterfeit if it is intentionally misrepresented, such as falsely indicating its source or misidentifying it through labels or markings.
Possessing equipment, such as a labeling machine, with the intention of using it to create counterfeit substances is also prohibited under this code, as stated in § 5-606.
Violating these codes is a felony offense, carrying a maximum penalty of up to $15,000 in fines and a prison term of no more than 5 years. Repeat offenders face the same maximum penalties, with a mandatory minimum sentence of 2 years. During this mandatory minimum period, no parole may be granted.
Maryland criminal code § 5-606 specifically addresses the possession, creation, issuance, or passing of a counterfeit, altered, or false prescription for a controlled dangerous substance. Falsifying a prescription with the intent to distribute a controlled dangerous substance is prohibited under this code. Communications attempting to obtain a false prescription from an authorized prescriber, such as a physician, are not protected by doctor-patient confidentiality.
The penalties for violating codes 5-604 and 5-606 are felonies, carrying a maximum fine of up to $15,000 and a prison term of up to 5 years. Repeat offenders face the same maximum penalties, with a mandatory minimum sentence of 2 years. During this mandatory minimum period, no parole may be granted.
Penalties for Narcotic Drug Crimes
Enhanced penalties apply to violations involving Schedule I and II narcotic drugs, as stated in Maryland criminal code § 5-608. Offenders face felony charges, with a maximum prison term of up to 20 years and fines up to $25,000. The specific penalty depends on the circumstances of the crime, including the quantity of controlled dangerous substances involved and the intent to distribute.
Repeat offenders face more severe penalties, with a mandatory minimum sentence of 10 years in prison and fines up to $100,000 for second-time offenders. Third-time offenders face a mandatory minimum sentence of 25 years in prison, along with fines up to $100,000. The fines remain the same for fourth-time offenders, while the minimum mandatory sentence increases to 40 years. During these mandatory minimum sentences, parole is not available.
The penalties for violations involving Schedule I and II hallucinogenic substances, such as phencyclidine, LSD, and MDMA, are the same as those for violations involving narcotic drugs, as stated in Maryland criminal code § 5-609. However, first-time offenders face a maximum prison term of 20 years and fines up to $20,000, as opposed to fines up to $25,000. Repeat offenders face the same penalties as those for violations involving narcotic drugs.
Drug Paraphernalia Laws in Maryland
Maryland criminal code § 5-619 addresses drug paraphernalia laws in the state. Possessing objects with the intent to use, store, analyze, process, produce, or distribute controlled dangerous substances is illegal under this code. Similarly, possessing objects with the intent to inhale, ingest, or inject controlled dangerous substances into the human body is also prohibited.
Determining whether an object is considered drug paraphernalia depends on various factors, such as statements made by the individual in possession of the object, prior convictions for controlled dangerous substances, proximity to controlled substances, residue on the object, evidence of intent, accompanying instructions, advertising, legitimate uses, expert testimony, and more. Even seemingly unrelated items, like staplers or kitchen scales, can be considered drug paraphernalia depending on the circumstances.
Violating Maryland drug paraphernalia laws is a misdemeanor offense, punishable by a fine of up to $500 for first-time offenders. Repeat offenders face penalties of up to 2 years in prison and fines up to $2,000. However, if it can be proven that the drug paraphernalia is related to marijuana use for medical necessity, the maximum fine is only $100.
Selling or delivering drug paraphernalia carries the same penalties as possession. However, if the recipient of the paraphernalia is a minor at least 3 years younger than the individual, it is a separate misdemeanor offense, punishable by up to 8 years in prison and a maximum fine of $15,000 for offenders aged 18 or older.
Profiting from a Drug Crime in Maryland
Maryland code § 5-623 makes it illegal to profit from or acquire proceeds from any type of drug crime, as well as participate in financial transactions related to drug crimes. This includes supervising, managing, financing, organizing, planning, promoting, directing, or facilitating the transfer of proceeds derived from drug crimes.
Violating this code is a felony offense, carrying a maximum prison term of up to 5 years for first-time offenders. Additionally, first-time offenders must pay a fine not exceeding double the value of funds involved in the financial transaction or $250,000, whichever is greater. Repeat offenders face the same maximum penalties, with fines not exceeding five times the value of funds involved or $500,000, whichever is greater. Each financial transaction can be charged as a separate offense with consecutive penalties.
Volume Dealer and Drug Kingpin Crimes in Maryland
Volume dealer and drug kingpin crimes are the most serious drug offenses in Maryland. Maryland criminal code § 5-612 defines a volume dealer as an individual involved in manufacturing, possessing, dispensing, or distributing controlled dangerous substances in specific quantities. The quantities include over 50 pounds of marijuana, over 448 grams of cocaine, over 50 grams of crack cocaine, over 28 grams of opium or morphine, over 1,000 doses of LSD, over 1 pound of liquid phencyclidine, or over 448 grams of any mixture containing phencyclidine.
Being charged as a volume dealer carries a mandatory minimum sentence of 5 years in prison, with a maximum fine of up to $100,000.
Maryland criminal code § 5-613 defines a drug kingpin as an individual involved in managing, supervising, financing, or organizing the distribution, manufacture, or transportation of controlled dangerous substances into Maryland. Offenders charged as drug kingpins face a felony offense, carrying a prison term between 20 and 40 years, without the possibility of parole. Additionally, fines can reach up to $1,000,000.
Maryland Drug Crime Statistics
Drug arrest statistics in Maryland show a decline in the total number of drug-related arrests from 57,680 in 2008 to 51,898 in 2009, representing a 10% decrease. In 2009, individuals under the age of 21 accounted for 32% of all drug arrestees, while those under 18 represented 13%. Marijuana-related arrests constituted over 51% of drug arrests in 2009, while opium, cocaine, and their derivatives accounted for 44%. Possession offenses made up 77% of drug arrests, with the remaining 23% for manufacture, sale, and distribution.
In 2009, 11,777 drug sale and manufacture crimes were prosecuted, compared to over 13,000 annually in the previous years. However, drug possession crimes increased to 41,883 in 2009 from 39,858 in 2005. Synthetic drugs accounted for less than 5% of drug crimes in Maryland in 2009, though the prevalence of synthetic drugs has likely increased in recent years, such as methamphetamine and other synthetics.
Baltimore City had the highest number of drug arrests in 2009, with 23,929 cases, surpassing the combined total of other areas in Baltimore. However, Baltimore experienced a 14.1% decrease in drug crime rates compared to the previous year. Drug arrest rates declined in most Maryland counties from 2008 to 2009, except in Baltimore, Caroline, Ann Arundel, and Montgomery counties. Counties such as Carroll, Cecil, Dorchester, Garrett, Harford, Kent, Queen Anne’s, and Wicomico had the largest drops in drug arrest rates during that period.