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What is a Felony Drug Charge in Maryland?

What is a Felony Drug Charge in Maryland?

Being charged with a felony drug charge in Maryland is a serious criminal offense. If you are facing felony charges, it’s essential to understand the legal implications, potential consequences, and, most importantly–your rights. While facing drug charges in Maryland has serious consequences, hiring a drug lawyer can help you better understand the charges and prepare a detailed, thorough defense tailored to your circumstances. In this blog post, we’ll help you understand Maryland drug laws and how they can affect you.

Understanding Maryland Drug Laws

Maryland’s drug laws regulate everything from the possession and use of controlled substances to the distribution and trafficking of illegal drugs. Violating any of these laws could result in severe penalties, including fines, imprisonment, and other legal consequences. Below, we break down the common drug charges in Maryland and their penalties.

Drug Possession

As one of the most common offenses in Maryland, this charge refers to having an illegal substance in their possession. Some of the most common illicit substances are heroin, cocaine, methamphetamine, and prescription medications without a doctor’s note.

Maryland Criminal Law § 5-601 states that the possession of controlled substances is usually a criminal matter, with the first conviction of possession of illegal drugs being a misdemeanor. The penalty for this first conviction is a maximum penalty of one year in jail and a fine of up to $5,000, or even both.

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Actual Possession vs Constructive Possession: What’s the Difference?

In Maryland, a drug possession charge refers to the act of having a controlled substance in your possession, whether it’s on your person, in your home, or your car. Actual possession means that the drug is found directly on you, such as in your pocket or purse. In many circumstances, police find drugs in someone’s pockets after a search.

If authorities find the drugs in your home or vehicle, they could charge you with constructive possession. This means you had control over the location where they discovered the drugs. While common, it is a more difficult charge for the state to prove because they must demonstrate who had knowledge and control over the drugs when multiple people could have been in the vicinity.

Possession of Marijuana

The possession and recreational use of marijuana (known as cannabis under Maryland laws) became legal on July 1, 2023. This law strictly defines possession amounts for “personal use” and “civil use.” Individuals 21 years of age and over may legally use or possess a personal amount of cannabis, with “personal use” being defined as up to 1.5 ounces of cannabis, up to 12 grams of concentrated cannabis, cannabis products containing up to 750 mg strength delta-9-THC, and up to two cannabis plants. It’s important to note that public consumption is illegal. While public consumption of cannabis remains illegal, violations typically result in civil penalties rather than severe criminal penalties.

Drug Distribution

Being charged with a drug distribution charge can carry more severe penalties than possession. Distribution ranges from a hand-to-hand drug deal to selling drugs by the kilogram. To charge an individual with distribution, police can gather circumstantial evidence that supports the allegation of drug distribution. For example, suppose a person has several kilos of heroin packaged individually and a scale. In that case, that person can be charged with distribution because of the quantity of drugs and other packaging materials.

According to Maryland Criminal Law § 5-608, a conviction for drug distribution is classified as a felony. The penalties can include imprisonment for up to 20 years and/or a fine of up to $15,000.

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Finding a Defense Attorney

If you’ve been charged with a drug charge in Maryland, it’s critical to contact a drug possession lawyer as soon as possible. Drug charges, especially felony charges, can carry long-term, severe consequences, including prison sentences, hefty fines, and a permanent criminal record. Hiring an attorney will help you put forward the best possible defense, improving your chances of achieving a favorable outcome for your situation. As a lifelong resident of Maryland, Vernon Brownlee is dedicated to accurately and fairly representing you. He has handled hundreds of criminal cases across the state and will make sure no stone is left unturned in your case. Call or contact us today for your free consultation.

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