Blog

Possession of Marijuana and Non-Marijuana Penalties in Maryland

Quick Facts for Possession of Marijuana in Maryland Below you’ll find the Maryland Law as it pertains to possession of marijuana and possession of non-marijuana. Since this reads like Latin to most, let me paraphrase.  If you are convicted in Maryland for possession of marijuana, you are facing a maximum penalty of 1 year and $1,000 fine of both.  Possession of marijuana in Maryland is a classified as a misdemeanor.  You are eligible for a probation before judgment if you are found guilty of possession of marijuana in Maryland. An experienced possession of marijuana defense attorney in Maryland may be able to have the charges dropped all together through treatment or classes, but you are only going to get that benefit by hiring a possession of controlled dangerous substance attorney. If you have been charged with possession of marijuana in Maryland, contact me at my office, 410-288-2900, to schedule a free consultation.  Don’t let a simple weed conviction ruin the rest of your life and risk losing a job or being kicked out of school. Quick Legal Facts for Possession of Non-Marijuana For possession of non-marijuana, that is all other drugs in Maryland other than marijuana (i.e. Cocain, Heroin, etc,) for a first time offender, if you are convicted for possession of non-marijuana, you are facing a maximum penalty of 4 years and $25,000.00 or both. You are eligible for probation before judgment.  Possession of non-marijuana in Maryland is a misdemeanor, however, you will probably not get away with some classes or treatment and the case will disappear.  The Courts and State’s Attorneys take these crimes more serious. If you have been charged with possession of non-marijuana, contact G. Randolph Rice, Jr., Esquire, at his office, 410-288-2900, to schedule a free consultation. If we can prove to the Court that you were in possession of the marijuana for medical necessity, you may only be facing a maximum fine of $100.00.  You should not try to argue this alone, seek the advise of an experienced criminal defense attorney in Maryland. Ranked Best Criminal Defense Attorney in Baltimore by CitySpur. Maryland Annotated Code for Simple Possession of Controlled Dangerous Substances in Maryland: Maryland Annotated Code (as it pertains to simple possession of Marijuana and Non-Marijuana in Maryland)   Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia § 5-601. Possessing or administering controlled dangerous substance. (a) In general.- 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 not privileged.- 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) Penalty; medical necessity.- (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) 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. (3) (i) In a prosecution for the use or possession of marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity. (ii) Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed marijuana because of medical necessity, on conviction of a violation of this section, the maximum penalty that the court may impose on the person is a fine not exceeding $100. Law Offices of G. Randolph Rice, Jr., LLC Main Office: 6914 Holabird Avenue, Suite A Baltimore, Maryland 21222-1747 410.288.2900 Towson Office: 101 E. Chesapeake Avenue, Suite 200 Towson, Maryland 21286

Leave a Reply

Your email address will not be published. Required fields are marked *

c