Marijuana and cannabis charges are more common than you might expect after Maryland’s partial legalization. Often people are genuinely surprised to find out they are still facing a criminal charge. A marijuana conviction can still threaten your job, your security clearance, your immigration status, and your good name.
Charges That Still Apply
Legalization was not complete legalization under Maryland law. It was a limited legalization, restricted to small amounts held by people over the age of 21, and small amounts of sharing cannabis in very limited circumstances between adults over the age of 21. Some penalties were reduced as well, but many crimes involving marijuana remain in effect.
Possession over the civil use amount
Adults 21 and over can legally possess up to 1.5 ounces of usable cannabis, concentrated cannabis of up to 12g, cannabis products that contain up to 750mg of delta-9-tetrahydrocannabinol, or up to two cannabis plants. Possession of more than that up to the civil use amount (2.5 ounces usable cannabis, 20 grams of concentrate, or containing 1250mg of delta-9-tetrahydrocannabinol) is a civil infraction with a maximum $250 fine, not a criminal charge. Over the civil use amount is a criminal misdemeanor: up to 6 months in jail and a $1,000 fine. This charge may appear on court paperwork as “CR 5-601(a)(1) CDS: POSS-MARIJUANA”. It’s no longer “just weed” once you are over the allowed amount.
Distribution
You can share up to a personal use amount with another adult (21 years old or older only) in certain circumstances under Maryland law. This is called “adult sharing”. Some people try to disguise a transaction as sharing by coupling it with some other exchange. While this can be hard for authorities to detect, the law anticipates this sort of evasion. Adult sharing explicitly excludes a transfer of cannabis when there is any sort of contemporaneous transaction, an offer or advertisement involving goods or services, or a contingency on another transaction. Conveying marijuana coupled with a transaction of goods or services without the proper license is a criminal charge in Maryland regardless of how casual the arrangement was, or how small the amount. Distribution charges are much more dangerous than simple possession, and you should speak to a lawyer immediately.
Under 21
There is no completely legal amount of marijuana for anyone under 21 in Maryland. The civil citation for small amounts can still require you to appear in court, and can force you into drug evaluation or treatment. Any distribution charge involving a minor is treated seriously by prosecutors.
Driving under the influence of cannabis
Maryland’s DUI law covers impairment by any controlled dangerous substance. That includes cannabis. There is no breathalyzer for marijuana, but there are blood tests. The State’s case rests on the officer’s observations, field sobriety testing, and sometimes a blood test. Because there is no bright-line number the way there is with alcohol, these cases are often very defensible, but they can still put your license and your record at risk.
Federal property
Maryland’s legalization does not reach federal installations, national parks, or any other federal property. On federal property, small amounts of marijuana are still unlawful for adults.
What About an Old Conviction?
If you have a prior Maryland conviction, you may be eligible for expungement. I can evaluate whether you qualify and handle the expungement for you.
Defenses
The search is always important in possession or distribution cases. Issues with the search can lead to evidence suppression and a dismissed case. Having me involved as soon as possible usually improves your chances of a favorable result.
In DUI or DWI marijuana impairment cases, blood testing is often not performed, is unavailable, or testing is done through more subjective means.
In possession with intent to distribute and distribution cases, the quantity, packaging, and circumstances all affect how the case is charged and how it can be resolved. Sometimes, adult sharing or medical use can be a defense, and even when it isn’t, it can make a major difference. Do not assume your case is as bad as it looks.
If you are facing a marijuana charge in Maryland, call me at (301) 556-8709. I have almost twenty years of experience with drug charges. I respond quickly, I charge flat fees in almost every case, and all phone messages are returned within 24 hours.
