Maryland Drug Possession Laws
Federal and state laws prohibit the possession of certain drugs. These include cocaine, methamphetamine, and unlawful possession of prescription medication. States also have enhanced charges for those who possess illicit drugs with the intent to distribute them.
In 2023, the state of Maryland legalized the use of recreational marijuana by adults. While the Controlled Substances Act still lists marijuana in the same drug schedule as heroin, many states have decriminalized or legalized its possession. The tension between state and federal law remains.
While Maryland legalized the possession of up to 10 grams of marijuana for personal use, 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.
Maryland Drug Possession Laws at a Glance
The table below lists Maryland laws regarding the possession of controlled substances. For more information about drug laws, visit FindLaw’s Drug Charges section.
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Maryland Drug Possession Code Statutes |
Code of Maryland |
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Statutory Definition of Maryland Drug Possession Offenses |
A person may not:
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Maryland Drug Possession Penalties (excluding marijuana) |
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 (§ 5-601(c)(1)(i)-(ii)).
Possession of large amounts of controlled substances may face trafficking or intent to distribute charges. |
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Maryland Cannabis Possession and Use Penalties |
A violation of Md. Ann. Code § 5-601 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 (§ 5-601(c)(2)(i)). Smoking cannabis in a public place is a civil offense punishable by:
A person who is under 21 years old and found guilty of the use or possession of a personal use amount of marijuana (less than 10 grams) commits a civil offense. The offense is punishable by a fine of up to $100. The court may also order them to attend a drug court education program. A finding of guilt involving the use or possession of the civil use amount of cannabis is a civil offense punishable by a fine of up to $250. Possessing cannabis in an amount that 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). Maryland recognizes the legitimate and lawful use of marijuana for medical purposes and recreational use. Patients with a valid doctor’s recommendation must register with the state. |
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Maryland Possession with Intent to Distribute Penalties |
A person who engages in the following violates Md. Ann. Code § 5-602:
Upon conviction, the following criminal penalties apply:
Offenders face a mandatory minimum sentence of five years and a fine of up to $100,000 for the possession, manufacture, or distribution of the following amount of substances (§ 5-612):
Per § 5-613, if the person convicted is a “drug kingpin” (i.e., an organizer, supervisor, financier, or manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, transport, or bring a controlled substance into Maryland), they face the following:
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Maryland Possession of Drug Paraphernalia |
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:
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 (§ 5-619). |
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Related Maryland Statutes |
Note: Maryland state laws can change new legislation, court decisions, and other means. Contact a Maryland drug crimes attorney or criminal defense attorney, or conduct your own legal research to verify current Maryland laws.
When Does Simple Possession Become Intent To Distribute?
As you can see in the table above, drug possession carries much more significant penalties when it is upgraded to possession with intent to distribute. FindLaw spoke with Maryland lawyer Lon Engel, who explained how the legal concept of “totality of the circumstances” applies.
“If you have a few ounces of grass, that is likely going to be seen as personal use,” he said, but if you have a pound, it’s more likely to become intent to distribute. However, quantity doesn’t tell the whole story. For example, you may have an argument that a person stocked up on drugs because of a medical condition.
Other things the court will look at include:
- Collateral materials, such as possessing scales, ledgers, and multiple phones, can indicate intent to distribute
- Packaging materials, such as gelatin capsules and small baggies, can also indicate intent to distribute
- Cash: “In this world of credit cards,” Engel stated, “if you have $600 in 1s, 5s, and 10s, that’s fine. But if you have $4,000 on you and it’s in 20s and 100s, that could be indicia of active sales.”
- Age: “Does a 19-year-old need pounds of marijuana to alleviate aches, pains, etc., compared to a 40-year-old laborer?”
When Is Unconstitutional Search and Seizure a Defense in Drug Possession Cases?
The Fourth Amendment of the U.S. Constitution protects people from unreasonable searches and seizures. This means that in places where you have a reasonable expectation of privacy, such as in your home, the government needs a warrant based on probable cause to conduct a search and seize you or your property.
Over the years, the Supreme Court has outlined exceptions to the warrant requirement. For example, if police stop you on the highway and see illegal drugs on your passenger seat, they can search your car. They may also be able to search your car after your arrest to prevent “destruction of evidence.”
As with anything defense related, however, search and seizure is nuanced. For example, attorney Lon Engel had a racial profiling and search and seizure case where a simple traffic stop led to a drug arrest. The police had pulled a Black man over for speeding, but instead of just giving him a speeding ticket, they questioned him. He said he was traveling. The police didn’t see suitcases in his car, so they asked him to open the trunk. When he said he didn’t have a key to the trunk, they called in search dogs (without a warrant), who alighted on the trunk. The dogs were taken away, the police opened the trunk, and a suitcase of drugs was found. Engel argued this violated several constitutional protections, “including the basis for the stop, holding someone for a stop, search and seizure, indication of criminality, holding the vehicle, etc.”
Experienced defense lawyers know the defenses available based on the facts of your unique case. They will be able to determine whether search and seizure, or other defenses, apply.
How Does Deferred Prosecution Work in Maryland Drug Cases?
If you face minor drug charges, your defense lawyer can work with the prosecution to enter into a deferred prosecution agreement (DPA). The prosecution will set out specific terms and conditions you must meet. If you meet them, the prosecution will not move forward with your charges.
“If you go for a job interview during the deferral period and they ask if you have been arrested and charged, you need to say ‘yes,’ but you can say you haven’t been convicted because you are in the drug program,” Lon Engel explained, “and at the end, as long as you stick to the drug program and come up clean, your charges can be nol prossed and then expunged.” In other words, you avoid a criminal record.
Research the Law
For more information about Maryland laws, visit the following links:
Visit FindLaw’s Official State Codes page for links to official online statutes for all 50 states and Washington, D.C.
Maryland Drug Possession Laws: Related Resources
Browse the following links for more information about drug offenses in Maryland and the United States:
- Maryland Marijuana Laws
- Maryland Cocaine Laws
- Maryland Heroin Laws
- Drug Trafficking and Distribution
- Drug Cultivation and Manufacturing
- Drug Possession Penalties and Sentencing
- Drug Possession Overview
- State Cocaine Laws
- State Heroin Laws
- State Marijuana Laws
For an overview of drug distribution, trafficking, and other laws, visit Maryland Drug Laws.
Facing Drug Possession Charges in Maryland? Get Legal Help
If you face drug crime charges in Maryland, contact a skilled drug crime lawyer in Maryland. Whether you are a first-time offender or a repeat offender, an experienced drug crime attorney can provide helpful legal advice that could help you avoid a multi-year prison sentence. A criminal defense attorney can ensure the best possible outcome in your criminal case.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Maryland attorneys offer free consultations.
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