Maryland classifies controlled dangerous substances (CDS) into five Schedules. Schedule I drugs like heroin and ecstasy are the most dangerous drugs in terms of abuse and dependence. Schedule II drugs also have a high potential for abuse and dependence, but they have some accepted medical uses.
The criminal penalties for drug offenses involving CDS depend on the amount and type of drugs involved in the offense. Other factors include where the offense occurred and the parties involved (e.g., a minor or a repeat offender).
Note that Maryland legalized the use of cannabis for both medical purposes and recreational use. A person who is over 21 years old can possess less than 10 grams of marijuana for personal use. However, possessing large quantities of marijuana can still lead to jail time or fines in certain situations.
The table below provides an overview of Maryland's drug laws. For more information, follow the links in the table or the Related Resources section below.
Maryland Drug Law Code Statutes
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Code of Maryland
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- 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)
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Maryland Use and Possession Charges and Penalties
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Possessing or administering a CDS to another person is illegal unless one of the following is true:
- They obtained it directly from an authorized provider (e.g., through a valid prescription)
- The CDS is cannabis, the person is 21 years of age or older, and they possess or administer less than 10 grams of it (a "personal use" amount). (§ 5-601(a)(1)(i)-(ii))
Possessing any amount of a CDS besides cannabis is at least a misdemeanor. Penalties may vary based on the amount of the drug and prior drug convictions on one's criminal record. General 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
Violating § 5-601 involving the use or possession of marijuana is a misdemeanor. Offenders face up to six months of jail time and a fine of up to $1,000 (§ 5-601(c)(2)(i)).
Marijuana possession in an amount indicates an intent to distribute or dispense cannabis is a misdemeanor (§ 5-602(b)(1)). Offenders face up to three years of incarceration and a fine of up to $5,000 (§ 5-607).
Smoking cannabis in public is a civil offense. If convicted, it is punishable as follows:
- First-time offense: up to a $50 fine
- Second offense: up to a $150 fine
Maryland recognizes the legitimate and lawful use of cannabis for medical use. It is also legal for recreational use as well.
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Maryland Possession of Drug Paraphernalia Definition and Penalties
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Possessing drug paraphernalia with the intent to use it to plant, grow, manufacture, produce, or otherwise introduce a CDS into the body is a misdemeanor. Penalties include:
- 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 at least 18 years old and delivers drug paraphernalia to a minor who is at least three years of age younger than them, they are guilty of a misdemeanor. They face up to eight years of incarceration and a fine of up to $15,000 (§ 5-619).
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Maryland Drug Distribution Charges and Penalties
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A conviction for distributing or dispensing a CDS in violation of § 5-602 or possessing a CDS other than cannabis with the intent to distribute it imposes the following penalties:
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Maryland Drug Trafficking Charges and Penalties
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A person who brings the following substances (among others) into the state of Maryland is guilty of a felony:
- 45 or more kilograms of cannabis
- 28 or more grams of cocaine
- 1,000 or more dosage units of LSD
- 28 or more grams of methamphetamine
- Four or more grams of fentanyl
Violators face up to 25 years in prison and a $50,000 fine (§ 5-614).
Bringing more than five kilograms but less than 45 kilograms of cannabis into Maryland without authorization is a felony. Violators face up to 10 years in prison and a fine of up to $10,000.
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Maryland Mandatory Minimum Sentences for Drug Crimes
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Those convicted of possessing, manufacturing, or distributing the following amount of substances face a mandatory minimum sentence of five years and a fine of up to $100,000 (§ 5-612):
- Marijuana: 50 pounds or more
- Cocaine: 448 grams or more
- Opium or morphine: 28 grams or more
- Fentanyl: five grams or more
- LSD: 1,000 dosage units or more
- PCP: 16 ounces or more
- Methamphetamine: 448 grams or more
If the person convicted is a "drug kingpin" as defined in § 5-613, they face the following:
- Mandatory minimum sentence of 20 years in prison and a maximum of up to 40 years
- A maximum penalty of $1,000,000
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Note: Maryland state laws can change through new legislation, court opinions, and other means. Consult with a Maryland drug lawyer or criminal defense attorney, or conduct your own legal research to verify current Maryland laws.
Maryland Drug Laws: Related Resources
Browse the links below for more information about Maryland law and federal laws regarding drug offenses.
For information about other states' laws regarding drug crimes, visit FindLaw's Official State Codes section.
Issues With Drug Charges in Maryland? Get Professional Legal Help
With the state of drug laws in flux, it's important to understand any drug charges and penalties against you before entering into a plea deal. If law enforcement charges you with a drug crime, one of the best ways to protect your rights is to contact an experienced drug crime lawyer in Maryland.