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Maryland Marijuana Citation

Maryland decriminalizes possession of less than 10 grams of marijuana starting October 1, 2014.

As of October 1, 2014, if you are found possessing less than 10 grams of marijuana in Maryland, you will be issued a Maryland Uniform Civil Citation 2014.

Possession of Paraphernalia

What is unclear at this time is what each jurisdiction will do if a person is found to possession paraphernalia.  Possession of paraphernalia is still criminal and is a must appear in Court offense. However, if you are convicted of possession of paraphernalia in Maryland, the maximum fine is $500.00.  Some State’s Attorneys may still charge the paraphernalia and you will have to appear in Court.  If you must appear in a Maryland court for a drug possession charge, contact my office at 410-288-2900 for immediate legal help.

Penalty for Possession Less Than 10 Grams of Marijuana in Maryland

See Maryland Criminal Law 5-601 (c)(2)(iii) specifying the penalty for possessing or administering controlled dangerous substance.

(c) Penalty; mitigating factors; substance abuse programs. –

(1) Except as provided in paragraphs (2) and (3) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $ 25,000 or both.

(2) (i)

Except as provided in subparagraph (ii) of this paragraph, a person whose violation of this section involves the use or possession of marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both.

(2) (ii)

  1. A first violation of this section involving the use or possession of less than 10 grams of marijuana is a civil offense punishable by a fine not exceeding $ 100. (Issuance of Maryland Marijuana Citation)
  2. A second violation of this section involving the use or possession of less than 10 grams of marijuana is a civil offense punishable by a fine not exceeding $ 250. (Issuance of Maryland Marijuana Citation)
  3. A third or subsequent violation of this section involving the use or possession of less than 10 grams of marijuana is a civil offense punishable by a fine not exceeding $ 500. (Issuance of Maryland Marijuana Citation)

Possession of Marijuana Under 21 – Maryland Marijuana Citation

In addition to a fine, a court shall order a person under the age of 21 years who commits a violation punishable under subsubparagraph 1, 2, or 3 of this subparagraph to attend a drug education program approved by the Department of Health and Mental Hygiene, refer the person to an assessment for substance abuse disorder, and refer the person to substance abuse treatment, if necessary.

In addition to a fine, a court shall order a person at least 21 years old who commits a violation punishable under subsubparagraph 3 of this subparagraph to attend a drug education program approved by the Department of Health and Mental Hygiene, refer the person to an assessment for substance abuse disorder, and refer the person to substance abuse treatment, if necessary.

What are your options if issued a civil citation

  1. You must pay a fine that is specified on the civil citation.
  2. You may elect to stand trial by sending in your request to the District Court or a specified agency.

Do I need a Lawyer if charged with possession less than 10 grams of marijuana in Maryland?

If you elect to stand trial, you should hire a lawyer to represent you in Court.

Will a Civil Citation Appear on my record?

As it stands now, a civil citation does not appear on Maryland Judiciary Case Search.  That means employers and others will not be able to find a record of a civil citation issued.

I am Attorney Randolph Rice.  I represent individuals charged with crimes in Maryland.  If you’ve been charged with possession of marijuana and you have been assigned a trial date or elected a trial date and would like legal representation, contact me at my office for immediate legal help. 410-288-2900 or email the office for legal help.

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