Maryland CDS Possession and Distribution Criminal Defense Lawyer

 

Possession and Distribution Laws in Maryland

Posession/Distribution Marijuana Narcotics
(1st offense)
Narcotics
(2nd Offense)
Narcotics
(3rd Offense)
4 years and/or
$25,000 fine
1 year and/or
$1,000 fine
20 years and/or
$25,000 fine
10 years and/or
$100,000 fine
25 years and/or
$100,000 fine

§ 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.(c) Penalty; mitigating factors. (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.

§ 5-602. Distributing, possessing with intent to distribute, or dispensing controlled dangerous substance Except as otherwise provided in this title, a person may not: (1) distribute or dispense a controlled dangerous substance; or (2) possess a controlled dangerous substance in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance.

§ 5-608. Penalties — Narcotic drug (a) In general. — Except as otherwise provided in this section, a person who violates a provision of §§ 5-602 through 5-606 of this subtitle with respect to a Schedule I or Schedule II narcotic drug is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $ 25,000 or both.(b) Second time offender. (1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section shall be sentenced to imprisonment for not less than 10 years and is subject to a fine not exceeding $ 100,000 if the person previously has been convicted once: (i) under subsection (a) of this section or § 5-609 of this subtitle; (ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle; or (iii) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-609 of this subtitle if committed in this State. (2) The court may not suspend the mandatory minimum sentence to less than 10 years. (3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence. (4) A person convicted under subsection (a) of this section is not prohibited from participating in a drug treatment program under § 8-507 of the Health – General Article because of the length of the sentence.(c) Third time offender. (1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section shall be sentenced to imprisonment for not less than 25 years and is subject to a fine not exceeding $ 100,000 if the person previously: (i) has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction: 1. under subsection (a) of this section or § 5-609 or § 5-614 of this subtitle; 2. of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle; or 3. of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-609 of this subtitle if committed in this State; and (ii) has been convicted twice, if the convictions arise from separate occasions: 1. under subsection (a) of this section or § 5-609 of this subtitle; 2. of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle; 3. of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-609 of this subtitle if committed in this State; or 4. of any combination of these crimes. (2) The court may not suspend any part of the mandatory minimum sentence of 25 years. (3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

 

 

Contact a Maryland CDS Controlled Dangerous Substance Drugs Criminal Defense Attorney from the Law Offices of John Adams if you are seeking a high-powered, relentless criminal defense lawyer to fight aggressively for your defense

 

 

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