Maryland Drug Possession Laws
By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 29, 2024
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All federal and state codes prohibit the possession of certain drugs. These include cocaine, methamphetamine, or 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.
Maryland Drug Possession Code Statutes |
Code of Maryland |
---|---|
Statutory Definition of Maryland Drug Possession Offenses |
A person may not:
|
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. |
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. |
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:
|
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). |
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.
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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