By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed September 29, 2024
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The Maryland Department of Health classifies opiates and opioids like heroin and fentanyl into different schedules. Heroin is a Schedule I drug, and fentanyl is a Schedule II drug under state and federal law. Schedule I and II drugs have a high potential for abuse and dependence. Schedule I drugs don't have any accepted medical uses. Schedule II drugs have some limited medical uses in the United States.
The terms "opiates" and "opioids" are often used interchangeably. But they are different derivatives of opioids. Opiates are natural compounds that come from the poppy plant. Opioids are either natural or created in a laboratory setting. Examples of opioids include fentanyl, oxycodone, and many other prescription drugs. Heroin is a semi-synthetic opioid.
Often prescribed to treat pain, opioids and opiates can "reduce the perception of pain" and cause "euphoria." Unfortunately, these effects lead to substance abuse. The National Institute on Drug Abuse noted that there is a "drug overdose crisis in the United States." From April 2021 to April 2022, about 107,000 people died from drug overdoses in the United States. Of those overdose deaths, over 81,000 involved opioids.
The unlawful possession of any amount of opiates or opioids is a misdemeanor (but see felonies below). The criminal penalties may vary based on the amount of opiates or opioids they have and any prior drug convictions on their criminal record. Generally, the criminal penalties for a misdemeanor drug possession charge are as follows:
| Statutes |
|
|---|---|
| Heroin possession charges and penalties | The unlawful possession of any amount of opiates or opioids is a misdemeanor (but see felonies below). The criminal penalties may vary based on the amount they have and any prior drug convictions on their criminal record. Generally, the criminal penalties for a misdemeanor drug possession charge are as follows:
|
| Possession of drug paraphernalia and penalties | Possessing drug paraphernalia with the intent to use it to manufacture, produce, or otherwise introduce opiates or opioids into the body is a misdemeanor.
Anyone who is 18 or older and delivers drug paraphernalia to a minor who is at least three years their junior is guilty of a misdemeanor. If convicted, they face up to eight years of incarceration and a fine of up to $15,000. (§ 5-619) |
| Drug distribution charges and penalties | A conviction for distributing or dispensing a Schedule I or II opiate or opioid in violation of § 5-602 (or possessing heroin with the intent to distribute it) imposes the following penalties: 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. Third or subsequent convictions: up to 40 years and a fine of up to $25,000. Also, § 5-608.1 imposes another sentence of up to 10 years in prison for the sale or distribution of heroin or fentanyl. § 5-608.1 imposes another sentence of up to 10 years in prison for the sale or distribution of heroin or fentanyl. |
| Drug trafficking charges and penalties | A person who brings the following substances (among others) into the state of Maryland is guilty of a felony:
Upon conviction, they face up to 25 years of prison time, up to a $50,000 fine, or both. (§ 5-614) |
| Mandatory minimum sentences for drug crimes | If someone gets convicted of possessing, manufacturing, or distributing the following amount of substances (among others), they face a mandatory minimum sentence of five years and a fine of up to $100,000:
If the person convicted is a "drug kingpin" (as defined in § 5-613), they face the following:
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Note: State laws change frequently through new legislation, court opinions, and other means. Consult with a Maryland drug lawyer or criminal defense attorney, or conduct your own legal research to verify the state law(s) you are researching.
Browse the links below for more information about Maryland law and federal laws on drug offenses.
For information about other states' laws on drug crimes, visit FindLaw's Official State Codes section. If you or someone you love struggles with drug addiction, visit Maryland's Drug Treatment Centers website.
If law enforcement has arrested you on suspicion of breaking a drug law, contact a Maryland drug crime attorney. An experienced attorney can give specific legal advice about pending criminal charges, including possession of marijuana, heroin, or other controlled substances. Contact one today to get started on your defense strategies and ensure the best possible outcome in your case.
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