A Former Prosecutor and MD State Trooper Fighting for You
Drug offenses in Maryland are not to be taken lightly. The state penalizes numerous drug-related crimes, including possession for recreational use, intent to distribute, and sale or manufacture. Attorney Julie M. Guyer, however, is a tenacious and skilled defense attorney who can put up an aggressive fight for you against the harsh accusations against you. With her experience as a former prosecutor and MD state trooper, she will develop a compelling and unique angle for your drug crime defense.
Schedule a free consultation online or at (410) 834-0373 today.
Elements of a Drug Possession Crime
Broadly, there are 2 core elements to a drug possession offense. Under Maryland law, it is illegal for a person to:
- possess or administer to another a controlled substance, unless obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or
- obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by fraud, false identity, or counterfeit prescription.
Some examples of prohibited controlled substances ranging from Schedule I (most dangerous) to Schedule V (least dangerous) are:
- Schedule I – heroin, marijuana, LSD, ecstasy, peyote
- Schedule II – cocaine, Vicodin, oxycodone, methamphetamines, painkillers, morphine, stimulants like Adderall, opium
- Schedule III – narcotics, codeine, anabolic steroids, ketamine
- Schedule IV – anti-anxiety medication like Xanax and Valium, sedatives like Ambien, epileptic medication like Ativan
- Schedule V – cough suppressants containing small amounts of codeine like Robitussin, pain medication
Penalties for Possession of Controlled Substances
Possession of any controlled substance (besides marijuana, which is addressed below) is a misdemeanor that carries up to 4 years in prison and a fine of up to $25,000. Note that more specific terms of the sentence will be based on the amount of the drug in possession and the defendant's criminal record, so it is quite likely the penalties may increase.
Possession with intent to distribute is punishable according to the following guidelines:
- Schedule I and II – up to 20 years in prison and/or fine of up to $25,000
- LSD, PCP, other hallucinogens – up to 20 years in prison and/or fine of up to $20,000
- Drugs not in Schedule I or II – up to 5 years in prison and/or a fine of up to $15,000
Further, according to § 5-612, possession of the following amounts will warrant a mandatory minimum 5-year prison sentence and a fine of up to $100,000:
- Marijuana – 50 lbs.
- Cocaine – 448 g
- Crack cocaine – 50 g
- Opium, morphine, heroin, etc. – 28 g
- LSD – 1,000 dosage units
- PCP – 16 oz.
- Methamphetamine – 448 g
“I Would Have Lost Everything”- J.F.
“Highly Professional”- C.T.
“Excellent Lawyer”- W.P.
Penalties for Possession of Marijuana
Possession of marijuana is also punishable depending on the amount:
- Less than 10 g – civil offense punishable by a $100 fine ($250 for a 2nd offense and $500 for a 3rd offense)
- 10 g to 50 lbs. – misdemeanor punishable by up to 1 year in jail and/or fine of up to $1,000
- 50 lbs. or more – felony punishable by up to 5 years in prison and/or a fine of up to $100,000
Penalties for Sale, Distribution, or Manufacture of Controlled Substances
The penalties increase significantly when the drug offense rises from possession to sale, distribution, or manufacture. As with possession, the sentence will vary based on the amount in question and the type of the drug, but the general penalties involving sale or distribution of a narcotic drug is 20 years in prison and a fine of $25,000. Second and third offenders could face fines up to $100,000.
A first conviction for sale, distribution, or manufacture of a hallucinogen (e.g., ecstasy) may result in a maximum sentence of up to 20 years in prison and a $20,000 fine. A second or subsequent conviction may result in up to 20 years in prison and a fine of $25,000.
Penalties for Possession of Drug Paraphernalia
Another associated drug offense is possession of drug paraphernalia. Possession of marijuana paraphernalia (pipes, bongs, etc.) with intent to use or actually used are punishable by 1 year in jail and/or a fine of up to $500. Possession of non-marijuana drug paraphernalia (syringes, etc.) will result in up to 4 years in prison and a fine of up to $25,000.
Contact Julie M. Guyer, Attorney at Law for Legal Support Against Your Charges
If you have been charged with a drug crime in Worcester County, Maryland, contact Julie M. Guyer, Attorney at Law immediately for legal representation. Whether you are facing accusations for recreational drug use, possession with intent to distribute, or sale or manufacture of a controlled substance, Attorney Guyer can defend you aggressively in court and put up a strong fight to protect your rights.
Schedule a free consultation with Julie M. Guyer, Attorney at Law online or at (410) 834-0373 to discuss your legal options today.
30+ Years of Criminal Law Experience
Available 24/7 for Legal Advice
Your Initial Consultation Is Free
Former Prosecutor & Maryland State Trooper