SOUTHERN MARYLAND LAWYERSDrug Crimes
Defense Attorneys

Maryland’s drug laws are governed by the Maryland Criminal Law Code Title 5 – Controlled Dangerous Substances (CDS).

Here’s a breakdown of the major drug offenses you could face, along with their legal classifications and maximum penalties.

1. Drug Possession – Maryland Criminal Law §5-601

• Classification: Misdemeanor (for most drugs), Felony (in certain cases).
• Maximum Penalties: Up to 1 year in jail and/or $5,000 fine for most drugs; 6 months and $1,000 for marijuana over 2.5 oz.
• Explanation: Possessing any controlled dangerous substance without a valid prescription.

2. Possession with Intent to Distribute (PWID) – Maryland Criminal Law §5-602

• Classification: Felony
• Maximum Penalties: Up to 20 years in prison and/or $25,000 fine (Schedule I–II drugs); 5 years and $15,000 for Schedule III–V.
• Explanation: Possessing a CDS in a quantity, packaging, or with other indicators of distribution intent.

3. Drug Trafficking (Volume Dealer) – Maryland Criminal Law §5-612

• Classification: Felony
• Maximum Penalties: Minimum 5 years (mandatory) to life in prison, up to $100,000 fine.
• Explanation: Possessing or transporting large quantities of drugs, meeting volume thresholds (e.g., 50 lbs. of cannabis, 448 grams of cocaine).

4. Drug Manufacturing or Cultivation – Maryland Criminal Law §5-603

• Classification: Felony (for most drugs), Misdemeanor for cannabis cultivation over the limit.
• Maximum Penalties: Up to 20 years and/or $25,000 fine (Schedule I–II); 3 years and $5,000 for illegal cannabis cultivation.
• Explanation: Producing, growing, or preparing controlled substances without authorization.

5. Prescription Drug Fraud – Maryland Criminal Law §5-601, §21-2-01(iii)

• Classification: Felony
• Maximum Penalties: Up to 5 years in prison.
• Explanation: Obtaining prescription drugs through fraud, forgery, or deception.

6. Drug Paraphernalia – Maryland Criminal Law §5-619

• Classification: Misdemeanor
• Maximum Penalties: First offense – $500 fine; Subsequent – 2 years and $2,000 fine.
• Explanation: Possessing or using equipment (pipes, syringes) for drug use.

7. Distribution to Minors – Maryland Criminal Law §5-627

• Classification: Felony
• Maximum Penalties: Up to 20 years in prison and/or $20,000 fine.
• Explanation: Selling, giving, or distributing controlled substances to minors.

8. Drug Kingpin (Leader of a Trafficking Network) – Maryland Criminal Law §5-613

• Classification: Felony
• Maximum Penalties: 20–40 years without parole, up to $1,000,000 fine.
• Explanation: Directing or financing a drug trafficking operation.

9. School Zone Drug Violations – Maryland Criminal Law §5-627

• Classification: Felony
• Maximum Penalties: Up to 20 years and $20,000 fine.
• Explanation: Distributing CDS within 1,000 feet of a school or child care facility.

10. Importation of Large Quantities – Maryland Criminal Law §5-614

• Classification: Felony
• Maximum Penalties: Up to 25 years and $50,000 fine.
• Explanation: Transporting large amounts of drugs into Maryland.

Drug crimes in Maryland carry severe repercussions that can affect your life. The consequences depend on the nature and severity of the charges. For instance, certain drug convictions come with mandatory minimum jail sentences that cannot be avoided. Whether classified as a misdemeanor or felony, any conviction will leave a mark on your criminal record. This can create challenges in securing employment, housing, and other opportunities in the future. Moreover, for immigrants, a drug conviction might lead to deportation or affect their immigration status. It’s essential to consult with a criminal defense lawyer immediately if faced with drug charges to understand the full scope of potential outcomes and strategize your defense.

Drug Court offers an alternative approach to traditional punitive measures for those accused of drug-related crimes. Instead of focusing on penalties and imprisonment, Drug Court emphasizes rehabilitation through structured treatment programs. It recognizes that many individuals involved in drug offenses might be better served by addressing the root causes of their behavior, such as addiction. If you’re genuinely committed to rehabilitation, Drug Court can be a favorable option, potentially allowing you to avoid harsher penalties. Discussing this alternative with an attorney can provide clarity on its feasibility and benefits for your specific situation.

At Haskell & Dyer, our extensive experience has equipped us with a profound understanding of drug crimes’ complexities. We recognize that every individual and every case is unique. Rather than employing a one-size-fits-all approach, we dedicate time to understanding your specific circumstances, concerns, and objectives. Whether it’s challenging the validity of evidence, questioning testimonies, or working towards reducing penalties, we’re committed to protecting your rights and interests. Our personalized approach ensures we craft a defense strategy tailored to achieve the best possible outcome for you. Your well-being and future are paramount to us, and we’re here to address any questions or concerns you may have.