Maryland Criminal Laws

The Maryland Code of Criminal Law lists all criminal conduct and penalties in the state of Maryland. Maryland's general provisions for criminal procedure limit punishment for accessories and conspirators to the punishment for the actual crime committed.

Maryland's criminal code resembles that of other states on law enforcement, courts, and judicial proceedings. Maryland abolished its capital punishment statute in 2013. The penalty for capital crimes is life without parole.

Maryland does have its own unique statutory provisions. One of the sentencing provisions in the Maryland code abolishes the right to avoid punishment by benefit of clergy (Annotated Code of Maryland § 14-103).

Maryland Criminal Laws

Maryland's criminal statutes break down like most other states: homicide, crimes against the person, and so forth.

• Homicide contains a separate statutory requirement for a unanimous verdict to impose a sentence of life without parole (§ 2-304(b)(1)).
• Crimes Against the Person include assault, extortion, robbery, kidnapping, and human trafficking. Attempted suicide was once illegal in Maryland, but is no longer unlawful under statute (§ 3-101.1).
• Controlled Dangerous Substances. Maryland's drug laws are notoriously harsh. Maryland's drug statutes treat all drug crimes as felonies for purposes of arrest, search, and seizure, even if the defendant is ultimately charged and convicted of a misdemeanor (§ 5-901).
• Theft incorporates all crimes of larceny, embezzlement, shoplifting, and receiving stolen property (§ 7-102). Theft under this law includes personal and real property, services, and interest in property. Related criminal charges may include violation of fiduciary duties and theft of cargo.
• Prostitution and other sex crimes are under the Indecency and Obscenity codes.
• DUI and Underage Drinking crimes are part of the Public Safety code section. Maryland considers it a crime against public health and safety for minors to drink, and for adults to provide minors with alcohol. (§ 10-114).

Cannabis and Hemp

In 2022, Maryland voters approved a change in state law, legalizing the use of cannabis for adults. State lawmakers passed the Cannabis Reform Act (H.B. 556/S.B. 516) in the spring 2023 session, which became law on May 3, 2023.

Under existing criminal laws, dispensaries must limit daily sales to a "personal use" amount, i.e., not more than 1.5 ounces of product or 12 grams of concentrated cannabis (§ 5-101(e-2)(1)). Laws about sales and public use of cannabis remain in flux. Anyone with a criminal case involving the use or sale of cannabis or marijuana should speak with a criminal defense attorney.