Felony Drug Cases

misdemeanor or felony?

There are two basic types of drug offenses in Maryland-Distribution (Felony) and Possession (Misdemeanor). However, both carry substantial prison terms and fines, and are taken very seriously by prosecutors, especially non-Marijuana offenses. Call or email today, your future may depend on it!

WHAT's the first step?

If you were arrested or issued a summons for a felony drug offense, you want to act quickly to gather evidence and prepare a defense. Call Mr. Cleckner for a free consultation over the telephone or to set up an in-person appointment, and he will answer any questions you have.

NOT SURE WHAT YOU NEED TO DO?

A drug conviction can cause serious problems with your ability to get a job. We'd be happy to discuss your options with you. We handle all facets of criminal and jailable traffic defense, and if we can't answer your questions, we'll do some research or find someone who can answer them.

 

Felony Drug Law

 

DISTRIBUTION AND POSSESSION WITH INTENT TO DISTRIBUTE CDS

CRIMINAL LAW TITLE 5. CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES SUBTITLE 6. CRIMES INVOLVING CONTROLLED DANGEROUS SUBSTANCES AND PARAPHERNALIA PART I. PRIMARY CRIMES Md. CRIMINAL LAW Code Ann. § 5-602 (2014) § 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. HISTORY: An. Code 1957, art. 27, § 286(a)(1); 2002, ch. 26, § 2; 2005, ch. 482; 2006, ch. 327; 2009, ch. 684.

PENALTIES

CRIMINAL LAW TITLE 5. CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES SUBTITLE 6. CRIMES INVOLVING CONTROLLED DANGEROUS SUBSTANCES AND PARAPHERNALIA PART I. PRIMARY CRIMES Md. CRIMINAL LAW Code Ann. § 5-608 (2014) § 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. (4) A separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime. (d) Fourth 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 40 years and is subject to a fine not exceeding $ 100,000 if the person previously has served three or more separate terms of confinement as a result of three or more separate convictions: (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; (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; or (iv) of any combination of these crimes. (2) The court may not suspend any part of the mandatory minimum sentence of 40 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. HISTORY: An. Code 1957, art. 27, § 286(b)(1), (c), (d), (e); 2002, ch. 26, § 2; 2003, ch. 21, § 1; 2006, ch. 327; 2010, ch. 417.

Email: Felony_Drug@NotGuiltyMaryland.com