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Marijuana Law Change in Maryland 2014

Maryland Marijuana Law Change 2014

April 2014 – The Maryland House of Delegates have decriminalized the possession of small amounts of marijuana in Maryland.  It is expected Governor O’Malley will sign the legislation.  Below is an excerpt from new marijuana law in Maryland.

Article – Criminal Law

5–601.

(a) Except as otherwise provided in this title, a person may not:

(1) possess or administer to another a controlled dangerous substance, unless obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or

(2) obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by:

(i) fraud, deceit, misrepresentation, or subterfuge;

(ii) the counterfeiting or alteration of a prescription or a written order;

(iii) the concealment of a material fact;

(iv) the use of a false name or address;

(v) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or

(vi) making, issuing, or presenting a false or counterfeit prescription or written order.

(b) Information that is communicated to a physician in an effort to obtain a controlled dangerous substance in violation of this section is not a privileged communication.

(c) (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) [A] 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 18 exceeding $1,000 or both.

(ii) 1. A person convicted of FIRST OR 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 $100.

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.

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.

2. 4. A. IN ADDITION TO A FINE, A COURT SHALL ORDER A PERSON UNDER THE AGE OF 21 YEARS WHO COMMITS A VIOLATION PUNISHABLE UNDER SUBPARAGRAPH 1, 2, OR 3 OF THIS SUBPARAGRAPH TO ATTEND A DRUG TREATMENT AND 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.

B. IN ADDITION TO A FINE, A COURT MAY SHALL ORDER A PERSON CONVICTED OF A THIRD OR SUBSEQUENT AT LEAST 21 YEARS OLD WHO COMMITS A VIOLATION PUNISHABLE UNDER SUBSUBPARAGRAPH 3 OF THIS SUBPARAGRAPH TO ATTEND A DRUG TREATMENT AND 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.

Warning: This does not mean marijuana is legal in Maryland, it merely reduces the penalty.  That penalty is still visible to employers and schools and could negatively affect your future in getting a job or acceptance into a school.

If you have been charged with possession of marijuana in Maryland and you want to fight the charges, call the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900 for immediate legal help.  You can also email the office to schedule a FREE consultation.

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