{"id":373820,"date":"2016-03-31T21:35:26","date_gmt":"2016-04-01T02:35:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maryland-law\/maryland-cocaine-laws.html"},"modified":"2024-10-29T08:35:19","modified_gmt":"2024-10-29T13:35:19","slug":"maryland-cocaine-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maryland-law\/maryland-cocaine-laws.html","title":{"rendered":"Maryland Cocaine Laws"},"content":{"rendered":"\n
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Maryland Cocaine Laws<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Possessing even a few grams of cocaine in Maryland can lead to years of incarceration and thousands of dollars in fines. The state imposes stricter penalties, such as mandatory minimum sentences and double penalties, for selling or trafficking cocaine across its borders.<\/p>\r\n

The state of Maryland classifies cocaine as a Schedule II controlled dangerous substance. Schedule II substances are those that have a high potential for abuse and addiction. They also have limited accepted medical uses in the United States.<\/p>\r\n

In addition to Maryland’s state laws, federal laws prohibit simple cocaine possession<\/a> along with manufacturing and cultivation<\/a> and trafficking and distribution<\/a>. Criminal penalties vary depending on whether the defendant has prior drug convictions on their criminal record and the quantity of drugs involved.<\/p>\r\n

In some cases, prosecutors can offer a plea bargain to a lower-level offender in exchange for helping to build a case against higher-level producers and dealers. Some jurisdictions have specialized drug courts<\/a> that allow first- or second-time drug offenders to spend time in treatment instead of jail.<\/p>\r\n

Cocaine Statutes in Maryland<\/b><\/h2>\r\n

The chart below contains information about Maryland’s cocaine charges. For more information, visit Maryland Drug Laws<\/a> or FindLaw’s Drug Charges<\/a> section.<\/p>\r\n\r\n

Maryland Cocaine Law Code Sections<\/b><\/p>\r\n<\/th>\r\n

Maryland Code<\/b><\/p>\r\n

Maryland Possession of Cocaine Charges and Penalties<\/b><\/p>\r\n<\/th>\r\n

Possessing any amount of cocaine is at least a misdemeanor. Penalties vary based on the amount of cocaine and prior drug convictions on one’s criminal record. Criminal penalties for a misdemeanor drug possession charge are as follows:<\/p>\r\n

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  • First offense<\/b>: up to one year of jail time and a fine of up to $5,000<\/li>\r\n
  • Second or third offense<\/b>: up to 18 months of incarceration and a fine of up to $5,000<\/li>\r\n
  • Fourth or subsequent offense<\/b>: up to two years of incarceration and a fine of up to $5,000<\/li>\r\n<\/ul>\r\n

    The court can apply penalties including incarceration, fines, or both.<\/p>\r\n<\/td>\r\n<\/tr>

Maryland Possession of Drug Paraphernalia and Penalties<\/b><\/p>\r\n<\/th>\r\n

Possessing drug paraphernalia with the intent to use it to plant, grow, manufacture, produce, pack, or otherwise introduce cocaine into the body is a misdemeanor. Penalties are:<\/p>\r\n

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  • First offense<\/b>: up to one year in jail and a fine of up to $500<\/li>\r\n
  • Subsequent offense<\/b>: up to two years in prison and a fine of up to $2,000<\/li>\r\n<\/ul>\r\n

    If the offender is an adult (18 years old or older) and delivers drug paraphernalia to a minor who is at least three years their junior, they are guilty of a misdemeanor. If convicted, they face up to eight years of incarceration and a fine of up to $15,000 (\u00a7 5-619<\/a>).<\/p>\r\n<\/td>\r\n<\/tr>

Maryland Sale of Cocaine Charges and Penalties<\/b><\/p>\r\n<\/th>\r\n

A conviction for selling, distributing, or otherwise dispensing cocaine in violation of \u00a7 5-602<\/a> or possessing cocaine with the intent to distribute it imposes the following penalties:<\/p>\r\n

Maryland Cocaine Trafficking Charges and Penalties<\/b><\/p>\r\n<\/th>\r\n

A person who brings 28 or more grams of cocaine into the state of Maryland is guilty of a felony. They face up to 25 years in prison and a $50,000 fine (\u00a7 5-614<\/a>).<\/p>\r\n<\/td>\r\n<\/tr>

Maryland Mandatory Minimum Sentences for Cocaine Crimes<\/b><\/p>\r\n<\/th>\r\n

If someone is convicted of possessing, manufacturing, or distributing 448 grams of cocaine or more, they face a mandatory minimum sentence of five years and a fine of up to $100,000 (\u00a7 5-612<\/a>).<\/p>\r\n

If the person convicted is a "drug kingpin" as defined in \u00a7 5-613<\/a>, they face the following:<\/p>\r\n

Maryland Cocaine Sentencing Aggravating Factors<\/b><\/p>\r\n<\/th>\r\n

If a person commits a drug trafficking crime involving the possession, distribution, manufacture, or importation of cocaine, and during the crime, they possess, use, wear, carry, or transport a firearm, the following penalties apply:<\/p>\r\n