Maryland Cocaine Laws

Maryland Code

• Md. Ann. Code § 5-402 et seq. (schedule of controlled substances)
• Md. Ann. Code § 5-601 (possession of drugs in general)
• Md. Ann. Code § 5-602 (possession of drugs with intent to distribute)
• Md. Ann. Code § 5-608 (criminal penalties)
• Md. Ann. Code § 5-614 (drug trafficking)
• Md. Ann. Code § 5-619 (possession of drug paraphernalia)

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:

• First offense: up to one year of jail time and a fine of up to $5,000
• Second or third offense: up to 18 months of incarceration and a fine of up to $5,000
• Fourth or subsequent offense: up to two years of incarceration and a fine of up to $5,000

The court can apply penalties including incarceration, fines, or both.

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:

• First offense: up to one year in jail and a fine of up to $500
• Subsequent offense: up to two years in prison and a fine of up to $2,000

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 (§ 5-619).

A conviction for selling, distributing, or otherwise dispensing cocaine in violation of § 5-602 or possessing cocaine with the intent to distribute it imposes the following penalties:

• First offense: up to 20 years in prison and a fine of up to $15,000
• Second offense: up to 25 years and a fine of up to $25,000
• Third or subsequent offense: up to 40 years and a fine of up to $25,000

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 (§ 5-614).

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 (§ 5-612).

If the person convicted is a "drug kingpin" as defined in § 5-613, they face the following:

• Mandatory minimum sentence of 20 years with a maximum of 40 years
• A maximum penalty of $1,000,000

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:

• First offense: mandatory minimum sentence of at least five years and a maximum of 20 years
• Subsequent offenses: mandatory minimum sentence of at least 10 years and a maximum of 20 years

Depending on the firearm involved in the crime (such as a machine gun or an attached silencer to the firearm), the court may double the mandatory minimum sentence. (§ 5-621)