Maryland has a variety of levels of drug offense for possession of illegal drugs, which vary depending on the amount and type of the substance. In Maryland, illegal drugs are called CDS, short for “Controlled Dangerous Substance.”
Except for marijuana possession of 2.5 ounces or less, all Maryland drug possession offenses are criminal, jailable offenses prohibited under CR 5-601.
Possession of CDS – Not Marijuana
For purposes of drug possession in Maryland, as long as the quantities involved are not gigantic (a pound of cocaine, for instance), and distribution is not an issue, the amount of the CDS does not affect the maximum sentence, and all drugs other than marijuana have the same maximum sentence. This includes both illegal drugs distributed entirely unlawfully like PCP, fentanyl, ecstasy, LSD, heroin, amphetamines, cocaine, and also prescription drugs that you may not have been prescribed, like oxycodone, percocet, or adderall. Drug possession may be abbreviated as “CR 5-601(a)(1) CDS:POSSESS-NOT MARIJUANA” in your charges.
A first conviction for drug possession is punishable by up to 1 year in jail, and a fine of $5000, a second or third conviction for drug possession is punishable by up to 18 months and $5000, and a fourth or later conviction for drug possession is punishable by up to 2 years in jail and a fine of up to $5000. A prior finding of probation before judgment does not count as a conviction.
The law of possession in Maryland is very intricate. I have used those laws to secure dismissal of charges of very large quantities of CDS drugs. Do not assume that your case is hopeless just because you are charged, or believe that you are guilty. Drug possession offenses can sometimes be hard for the state to prove.
If you are charged with possession of CDS, or another drug possession crime or drug distribution crime, let me extract you from the situation. Call me at (301) 556‑8709 today, because I have almost twenty years of experience fixing these problems for people just like you.
Marijuana Possession
Maryland makes a distinction between marijuana and all other illegal drugs. Possessing or using marijuana in an amount of more than 2.5 ounces is punishable by up to 6 months in jail and a $1,000 fine, while possession or use of other controlled dangerous substances have the higher maximum penalties described above. Marijuana possession may be abbreviated as “CR 5-601(a)(1) CDS: POSS-MARIJUANA” in your charges.
The personal use amount of marijuana is up to 1.5 oz 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. It is a civil offense for those less than 21 years old, and carries a fine plus a possible drug education or treatment requirement.
The somewhat higher civil use amount is up to 2.5 oz of usable cannabis, concentrated cannabis of up to 20g, or cannabis products containing up to 1250mg of delta-9-tetrahydrocannabinol. The civil use tier has no additional allowance for plants. The civil use tier is a civil offense for anyone of any age with a fine of up to $250, and those less than the age of 21 may also be required to attend drug education or treatment.
Civil citations for the use or possession of up to the civil use amount or personal use amount are not subject to public inspection and will not appear on the court website after they are resolved.
Marijuana or cannabis related items have been specifically excluded from the laws prohibiting possession of drug paraphernalia.
There are some exceptions for medicinal users of marijuana. If the judge makes a finding of medical necessity and certain criteria are met, even if the amount is above the personal use amount or the civil use amount, the charges can be dismissed by the court.
Alternatives to the Criminal Justice System for Drug Users
Small time drug users, even if the drug is not marijuana, are not always treated as ordinary criminals by judges and prosecutors – often they are treated as addicts with a disease. An experienced lawyer can facilitate many alternatives to incarceration. Sometimes offenders are offered a pretrial diversion program, where the user takes a class or receives treatment in exchange for the state dropping the charges. Offenders also sometimes receive supervised or unsupervised probation before judgment (PBJ). Even when guilt is clear, I have experience negotiating favorable deals for accused drug offenders that often result in dismissal of all charges.
Maximum Penalties For Possession of CDS
- CDS: Possession-Marijuana up to personal use amount under 21 years old: civil citation, up to $100; drug education or treatment may be required
- CDS: Possession-Marijuana up to civil use amount: civil citation, up to $250; drug education or treatment may be required for those under 21 years old
- CDS: Possession-Not Marijuana, 1st conviction: misdemeanor, 1 year and $5000
- CDS: Possession-Not Marijuana, 2nd or 3rd conviction: misdemeanor, 18 months and $5000
- CDS: Possession-Not Marijuana, 4th or later conviction: misdemeanor, 2 years and $5000
If you’ve been charged with any form of CDS possession or drug possession, call (301) 556-8709 today, so that I can use my years of experience with these charges to get your charges dropped or otherwise resolved in your favor.
