Maryland Drug Possession Laws

• 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 § 5-619 (possession of drug paraphernalia)

A person may not:

1. Possess or administer to another a controlled dangerous substance, unless obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or

2. Obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by:

1. Fraud, deceit, misrepresentation, or subterfuge;
2. The counterfeiting or alteration of a prescription or a written order;
3. The concealment of a material fact;
4. The use of a false name or address;
5. Falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or
6. Making, issuing, or presenting a false or counterfeit prescription or written order.

Possession of any controlled substances besides marijuana (any amount) is a misdemeanor, punishable by up to four years in prison and a fine of up to $25,000. The actual charge and penalties upon conviction are generally based on the amount of a given drug and the defendant's criminal record.

Note: Possession of excessive amounts, suggesting the intent to distribute, may be charged as a felony (see below).

General sentencing guidelines:

• Schedule I and II (heroin, cocaine, etc.) - Up to 20 years in prison and/or fine of up to $25,000.
• LSD, PCP, and other hallucinogenics - Up to 20 years in prison and/or fine of up to $20,000.
• Drugs other than Schedule I or II substances - Up to five years in prison and/or a fine of up to $15,000

Mandatory minimum five-year prison sentence and a fine of up to $100,000 for possession of the following amounts (§ 5-612):

• Marijuana - 50 lbs.
• Cocaine - 448 g
• Crack cocaine - 50 g
• Opium, morphine, heroin, etc. - 28 g
• LSD - 1,000 dosage units
• PCP - 16 oz.
• Methamphetamine - 448 g

• Less than 10 g - Civil offense; $100 fine (2nd offense: $250 fine; 3rd or subsequent offense: $500 fine).
• 10 g or more (but less than 50 lbs.) - Misdemeanor; up to one year in jail and/or fine of up to $1,000.
• 50 lbs. or more - Felony; up to five years in prison and/or a fine of up to $100,000.

Note: Maryland recognizes the legitimate and lawful use of marijuana for medical purposes. Patients with a valid doctor's recommendation are required to register with the state.

• Possession of marijuana paraphernalia (pipes, bongs, etc.) with intent to use or actual use: Up to one year in jail and/or a fine of up to $500.
• Possession of non-marijuana drug paraphernalia (syringes, etc.) with intent to use or actual use: Up to four years in prison and a fine of up to $25,000.