Maryland Drug Laws

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)

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.

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).

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:

• Offenses involving a Schedule I or II narcotic drug (e.g., cocaine, MDMA, etc.):

  • First conviction: up to 20 years in prison and a fine of up to $15,000
  • Second conviction: up to 25 years and a fine of up to $25,000
  • Three or more convictions: up to 40 years and a fine of up to $25,000
• Heroin or fentanyl: the applicable penalty for Schedule I or II narcotic drugs with up to 10 additional years in prison (§ 5-608.1)
• LSD, PCP, and other hallucinogenic substances: up to 20 years in prison and a fine of up to $15,000 (§ 5-609)
• Drugs other than Schedule I or II substances: up to five years in prison and a fine of up to $15,000 (§ 5-607)

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.

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