Maryland Drug Possession Laws

Code of Maryland

• 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 § 5-619 (possession of drug paraphernalia)

A person may not:

• 1. Possess or administer to another a controlled dangerous substance unless:
  • They obtained it directly or by prescription or order from an authorized provider acting in the course of professional practice
  • The controlled dangerous substance is cannabis, the person is 21 years old or older, and the amount possessed is the "personal use" amount (§ 5-601(a)(1)(i)-(ii))
• 2. Obtain or attempt to obtain a controlled dangerous substance or procure or attempt to procure the administration of a controlled dangerous substance by:
  • Fraud, deceit, misrepresentation, or subterfuge
  • The counterfeiting or alteration of a prescription or a written order
  • The concealment of a material fact
  • The use of a false name or address
  • Falsely assuming the title of or representing a manufacturer, distributor, or authorized provider
  • Making, issuing, or presenting a false or counterfeit prescription or written order(§ 5-601(a)(2)(i)-(vi))

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)).

• First offense: up to one year of jail time and a fine of up to $5,000
• Second offense or third offense: up to 18 months 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

Possession of large amounts of controlled substances may face trafficking or intent to distribute charges.

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:

• First offense: a fine not exceeding $50
• Second offense: a fine not exceeding $150

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.

A person who engages in the following violates Md. Ann. Code § 5-602:

• Distributing or dispensing a controlled dangerous substance
• Possessing a controlled dangerous substance (other than cannabis) in such a quantity that it reasonably indicates under all circumstances an intent to distribute or dispense it

Upon conviction, the following criminal penalties apply:

• Schedule I and II narcotic drugs (e.g., cocaine, MDMA, etc.):
  • First offense: 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 and up to an additional 10 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/or a fine of up to $15,000 (§ 5-607)

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):

• 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

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:

• Mandatory minimum sentence of 20 years and up to 40 years in prison
• A maximum penalty of $1,000,000

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:

• 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 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).

• § 5-614 (drug trafficking)
• § 5-617 (possession of noncontrolled substances)