{"id":373834,"date":"2017-05-25T17:13:29","date_gmt":"2017-05-25T22:13:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maryland-law\/maryland-drug-possession-laws.html"},"modified":"2024-10-29T10:00:52","modified_gmt":"2024-10-29T15:00:52","slug":"maryland-drug-possession-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maryland-law\/maryland-drug-possession-laws.html","title":{"rendered":"Maryland Drug Possession Laws"},"content":{"rendered":"\n
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Maryland Drug Possession Laws<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\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

All federal and state codes prohibit the possession of certain drugs. These include cocaine, methamphetamine, or unlawful possession of prescription medication. States also have enhanced charges for those who possess illicit drugs with the intent to distribute them.<\/p>\r\n

In 2023, the state of Maryland legalized the use of recreational marijuana by adults. While the Controlled Substances Act<\/a> still lists marijuana in the same drug schedule as heroin, many states have decriminalized or legalized<\/a> its possession. The tension between state and federal law remains.<\/p>\r\n

While Maryland legalized the possession of up to 10 grams of marijuana for personal use<\/a>, possessing large quantities of cannabis can still lead to felony charges. Possession of other controlled substances can lead to severe penalties. The applicable penalties for these drug crimes often depend on the quantity and type of drug involved.<\/p>\r\n

Maryland Drug Possession Laws at a Glance<\/b><\/h2>\r\n

The table below lists Maryland laws regarding the possession of controlled substances. For more information about drug laws, visit FindLaw’s Drug Charges<\/a> section.<\/p>\r\n\r\n

Maryland Drug Possession Code Statutes<\/b><\/p>\r\n<\/th>\r\n

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

Statutory Definition of Maryland Drug Possession Offenses<\/b><\/p>\r\n<\/th>\r\n

A person may not:<\/p>\r\n

Maryland Drug Possession Penalties (excluding marijuana)<\/b><\/p>\r\n<\/th>\r\n

Possession of any controlled substances besides marijuana is a misdemeanor. The actual charge and penalties are based on the amount of drugs involved and the defendant’s criminal record (\u00a7 5-601(c)(1)(i)-(ii)<\/a>).<\/p>\r\n

Maryland Cannabis Possession and Use Penalties<\/b><\/p>\r\n<\/th>\r\n

A violation of Md. Ann. Code \u00a7 5-601<\/a> involving the use or possession of marijuana is a misdemeanor. Offenders are subject to up to six months of jail time and a $1,000 fine (\u00a7 5-601(c)(2)(i)<\/a>).<\/p>\r\n

Smoking cannabis in a public place is a civil offense punishable by:<\/p>\r\n

Maryland Possession with Intent to Distribute Penalties<\/b><\/p>\r\n<\/th>\r\n

A person who engages in the following violates Md. Ann. Code \u00a7 5-602<\/a>:<\/p>\r\n

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

Possessing drug paraphernalia with the intent to use it to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a controlled dangerous substance, or to inject, ingest, inhale, or otherwise introduce it 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 at least 18 years old and delivers drug paraphernalia to a minor who is at least three years younger than them, they are guilty of a misdemeanor. They face up to eight years in prison and a fine of up to $15,000 (\u00a7 5-619<\/a>).<\/p>\r\n<\/td>\r\n<\/tr>

Related Maryland Statutes<\/b><\/p>\r\n<\/th>\r\n