In Maryland, drug charges are taken seriously, with penalties that vary based on the type and quantity of the substance, the circumstances of the offense, and the defendant’s criminal history. Understanding the different types of drug charges and their associated penalties is crucial for anyone facing such accusations.
This guide will provide an overview of the most common drug charges in Maryland, detailing the penalties that accompany each type of offense, while also shedding light on the legal nuances that influence sentencing.
Possession of Controlled Dangerous Substances
Possession of controlled dangerous substances (CDS) is one of the most frequent drug charges in Maryland. This charge involves having a small amount of illegal drugs or controlled substances without a valid prescription. The penalties for possession vary depending on the substance involved. For instance, possession of marijuana in amounts less than 10 grams is considered a civil offense, punishable by a fine. However, possession of larger quantities can result in misdemeanor charges, with potential jail time and higher fines.
For substances classified as Schedule I or II under Maryland law — which include drugs like heroin, cocaine, and methamphetamine — possession is a more severe offense. First-time offenders may face up to four years in prison and fines up to $25,000. Subsequent offenses carry harsher penalties, reflecting the state’s strict stance on repeat drug offenses. Additionally, possessing CDS in specific areas such as school zones or parks can result in enhanced penalties, demonstrating Maryland’s commitment to protecting vulnerable populations.
Possession with Intent to Distribute
Possession with intent to distribute (PWID) is a more serious charge than simple possession. This charge applies when an individual is found with a quantity of drugs that suggests they intend to sell or distribute them. Evidence such as large amounts of cash, scales, and packaging materials can support a PWID charge. The penalties for PWID are significantly harsher than those for simple possession.
For marijuana, possessing large amounts with the intent to distribute can result in felony charges, with penalties including up to five years in prison and fines up to $15,000. For Schedule I or II substances, the penalties are even more severe. A first-time offender may face up to 20 years in prison and fines up to $25,000. Repeat offenders can expect increased sentences, reflecting the gravity with which Maryland views drug trafficking activities.
Drug Manufacturing and Cultivation
Drug manufacturing and cultivation charges apply to individuals involved in producing illegal drugs. This includes growing marijuana plants, operating meth labs, or synthesizing drugs like LSD or MDMA. These charges are particularly severe due to the potential for significant harm to the public. Manufacturing and cultivation are felony offenses in Maryland, with penalties that can include lengthy prison sentences and substantial fines.
For instance, manufacturing Schedule I or II substances can lead to a prison sentence of up to 20 years and fines reaching $25,000. If the manufacturing occurs in a location where children are present, such as a home or apartment complex, additional charges of child endangerment can be added, increasing the severity of the penalties. Furthermore, the presence of firearms or explosives in conjunction with drug manufacturing activities can result in enhanced charges and sentences.
Drug Trafficking and Distribution
Drug trafficking and distribution charges are among the most serious drug offenses in Maryland. These charges involve the large-scale movement and sale of drugs, often across state lines or international borders. The penalties for drug trafficking reflect the significant threat these activities pose to public safety and the community at large.
For trafficking large quantities of drugs like heroin, cocaine, or methamphetamine, offenders can face life imprisonment without the possibility of parole. Additionally, hefty fines — sometimes exceeding $100,000 — can be imposed. The severity of the penalties is intended to deter large-scale drug operations and disrupt the supply chains that fuel drug abuse and addiction. Federal charges can also be applied in trafficking cases, leading to even more severe penalties under federal law.
Paraphernalia Charges
Possession of drug paraphernalia is another common drug charge in Maryland. Paraphernalia includes items used to consume, produce, or distribute drugs, such as pipes, bongs, syringes, and scales. While paraphernalia charges are generally less severe than possession or distribution charges, they still carry significant penalties.
A first offense for possession of drug paraphernalia can result in up to one year in jail and fines up to $500. Subsequent offenses can lead to increased jail time and higher fines, demonstrating Maryland’s commitment to curbing drug-related activities. Selling or distributing drug paraphernalia carries harsher penalties, reflecting the state’s efforts to address the supply side of drug use.
Prescription Drug Fraud
Prescription drug fraud is an increasingly common charge in Maryland, reflecting the growing problem of prescription drug abuse. This charge involves obtaining prescription medications through deceit, such as forging prescriptions, doctor shopping, or using false identification. Prescription drug fraud is a serious offense, with penalties that depend on the nature and extent of the fraud.
Forging a prescription for a controlled substance can result in felony charges, with penalties including up to 10 years in prison and fines up to $1,000. If the fraud involves large quantities of drugs or results in significant financial loss, the penalties can be even more severe. Repeat offenders face increased sentences, highlighting the state’s determination to combat prescription drug abuse.
Conspiracy to Commit Drug Offenses
Conspiracy charges are applied when two or more individuals agree to commit a drug-related offense. Conspiracy to commit drug offenses is a serious charge, as it indicates premeditation and collaboration. The penalties for conspiracy can be as severe as those for the actual drug offenses planned or committed.
Conspiring to distribute large quantities of heroin or cocaine can result in the same penalties as the actual distribution, including lengthy prison sentences and substantial fines. The involvement of multiple individuals in the conspiracy can lead to enhanced charges, reflecting the organized nature of the criminal activity. Additionally, federal conspiracy charges can be applied, leading to even more severe penalties under federal law.
Drug Charges and Sentencing Factors
Several factors influence the sentencing for drug charges in Maryland. The quantity of the drug involved is a major determinant, with larger quantities leading to harsher penalties. The type of drug is also significant, as Schedule I and II substances carry more severe penalties due to their high potential for abuse and lack of accepted medical use.
The defendant’s criminal history is another crucial factor. First-time offenders may receive more lenient sentences, such as probation or community service, especially for lesser offenses. However, repeat offenders face increasingly harsh penalties, reflecting the state’s stance on deterring recidivism. The presence of aggravating factors, such as possession of firearms, committing the offense in a school zone, or involving minors, can also lead to enhanced sentences.
Legal Defenses and Mitigating Factors
Several legal defenses and mitigating factors can influence the outcome of drug charges in Maryland. For example, challenging the legality of the search and seizure that led to the discovery of drugs can be an effective defense. If law enforcement violated the defendant’s Fourth Amendment rights, the evidence obtained may be inadmissible in court.
Additionally, demonstrating a lack of knowledge or intent can be a viable defense for certain charges. For instance, if the defendant was unaware of the presence of drugs or did not intend to distribute them, the charges may be reduced or dismissed. Mitigating factors, such as the defendant’s lack of prior criminal history, involvement in drug treatment programs, or cooperation with law enforcement, can also lead to reduced sentences or alternative sentencing options.
Protect Your Rights
For individuals facing drug charges in Maryland, the legal team at Alpert Schreyer Criminal Defense Attorneys is dedicated to providing comprehensive legal support. With extensive experience in handling a wide range of drug-related offenses, our attorneys are equipped to advocate for your rights and pursue the best possible outcome for your case.
Whether you are dealing with charges of possession, distribution, manufacturing, or any other drug-related offense, our firm is committed to protecting your future and ensuring that you receive a fair and just resolution. Contact us today to schedule a consultation and take the first step toward defending your rights and securing your future.
Contact the Drug Crimes Attorneys at Alpert Schreyer Criminal Defense Attorneys in Maryland for Help Today
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a drug crimes attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, Waldorf, Annapolis, and Lexington Park, Maryland.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys – Lanham Office
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys – Frederick Office
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
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Alpert Schreyer Criminal Defense Attorneys – Rockville Office
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
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