CDS (Drug) Offenses (Misdemeanor)

Possession of Marijuana

We're here to help. There could be one or many defenses that apply to your case, and we'll work with you to try and get it dismissed. Call or email today, your future may depend on it!

possession of not-Marijuana

You should immediately talk to Mr. Cleckner. He's available 24/7 for a free telephone consultation or to set up an in-person appointment. We should immediately begin investigating and subpoenaing witnesses, video evidence and any other items that may help your case. Often, officers also have video cameras in their vehicles that can expose lies and inconsistencies and help us win cases, and we also look for surveillance video from surrounding areas.

Possession of Paraphernalia

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.

Medical Marijuana

In Maryland, medical necessity is an affirmative defense to possession of 1 ounce or less of marijuana. This means that if you have a debilitating medical condition, you can admit to possession but be found not guilty, as long as you are not using in public.

 

Drug Laws

Possession of Controlled Dangerous Substance

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. § 5-601 (2014) § 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; mitigating factors; substance abuse programs. -- (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) 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 exceeding $ 1,000 or both. (ii) 1. A first 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. 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 subsubparagraph 1, 2, or 3 of this subparagraph to attend a drug 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 shall order a person at least 21 years old who commits a violation punishable under subsubparagraph 3 of this subparagraph to attend a drug 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. (3) (i) 1. In this paragraph the following words have the meanings indicated. 2. "Bona fide physician-patient relationship" means a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a patient's medical condition. 3. "Caregiver" means an individual designated by a patient with a debilitating medical condition to provide physical or medical assistance to the patient, including assisting with the medical use of marijuana, who: A. is a resident of the State; B. is at least 21 years old; C. is an immediate family member, a spouse, or a domestic partner of the patient; D. has not been convicted of a crime of violence as defined in § 14-101 of this article; E. has not been convicted of a violation of a State or federal controlled dangerous substances law; F. has not been convicted of a crime of moral turpitude; G. has been designated as caregiver by the patient in writing that has been placed in the patient's medical record prior to arrest; H. is the only individual designated by the patient to serve as caregiver; and I. is not serving as caregiver for any other patient. 4. "Debilitating medical condition" means a chronic or debilitating disease or medical condition or the treatment of a chronic or debilitating disease or medical condition that produces one or more of the following, as documented by a physician with whom the patient has a bona fide physician-patient relationship: A. cachexia or wasting syndrome; B. severe or chronic pain; C. severe nausea; D. seizures; E. severe and persistent muscle spasms; or F. any other condition that is severe and resistant to conventional medicine. (ii) 1. 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. 2. 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. (iii) 1. In a prosecution for the use or possession of marijuana under this section, it is an affirmative defense that the defendant used or possessed marijuana because: A. the defendant has a debilitating medical condition that has been diagnosed by a physician with whom the defendant has a bona fide physician-patient relationship; B. the debilitating medical condition is severe and resistant to conventional medicine; and C. marijuana is likely to provide the defendant with therapeutic or palliative relief from the debilitating medical condition. 2. A. In a prosecution for the possession of marijuana under this section, it is an affirmative defense that the defendant possessed marijuana because the marijuana was intended for medical use by an individual with a debilitating medical condition for whom the defendant is a caregiver. B. A defendant may not assert the affirmative defense under this subsubparagraph unless the defendant notifies the State's Attorney of the defendant's intention to assert the affirmative defense and provides the State's Attorney with all documentation in support of the affirmative defense in accordance with the rules of discovery provided in Maryland Rules 4-262 and 4-263. 3. An affirmative defense under this subparagraph may not be used if the defendant was: A. using marijuana in a public place or assisting the individual for whom the defendant is a caregiver in using the marijuana in a public place; or B. in possession of more than 1 ounce of marijuana. (d) Effect of (c)(2)(ii) on other laws. -- The provisions of subsection (c)(2)(ii) of this section making the possession of marijuana a civil offense may not be construed to affect the laws relating to: (1) operating a vehicle or vessel while under the influence of or while impaired by a controlled dangerous substance; or (2) seizure and forfeiture. HISTORY: An. Code 1957, art. 27, § 287(a), (b), (e); 2002, ch. 26, § 2; 2003, ch. 21, § 1; ch. 442; 2011, ch. 215; 2012, chs. 193, 194; 2013, chs. 61, 62; 2014, ch. 158.

drug paraphernalia

Md. CRIMINAL LAW Code Ann. § 5-619 (Copy w/ Cite) Pages: 7 Md. CRIMINAL LAW Code Ann. § 5-619 Annotated Code of Maryland Copyright © 2014 by Matthew Bender and Company, Inc., a member of the LexisNexis Group All rights reserved. *** Statutes current through 2014 legislation *** CRIMINAL LAW TITLE 5. CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES SUBTITLE 6. CRIMES INVOLVING CONTROLLED DANGEROUS SUBSTANCES AND PARAPHERNALIA PART III. RELATED AND DERIVATIVE CRIMES Md. CRIMINAL LAW Code Ann. § 5-619 (2014) § 5-619. Drug paraphernalia. (a) Factors to determine drug paraphernalia. -- To determine whether an object is drug paraphernalia, a court shall consider, among other logically relevant factors: (1) any statement by an owner or a person in control of the object concerning its use; (2) any prior conviction of an owner or a person in control of the object under a State or federal law relating to a controlled dangerous substance; (3) the proximity of the object, in time and space, to a direct violation of this section or to a controlled dangerous substance; (4) a residue of a controlled dangerous substance on the object; (5) direct or circumstantial evidence of the intent of an owner or a person in control of the object to deliver it to another who, the owner or the person knows or should reasonably know, intends to use the object to facilitate a violation of this section; (6) any instructions, oral or written, provided with the object concerning its use; (7) any descriptive materials accompanying the object that explain or depict its use; (8) national and local advertising concerning use of the object; (9) the manner in which the object is displayed for sale; (10) whether the owner or a person in control of the object is a licensed distributor or dealer of tobacco products or other legitimate supplier of related items to the community; (11) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; (12) the existence and scope of legitimate uses for the object in the community; and (13) expert testimony concerning use of the object. (b) Finding of intention or design -- Innocence of owner not dispositive. -- The innocence of an owner or a person in control of the object as to a direct violation of this section does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia. (c) Use or possession with intent to use; penalty; medical necessity. -- (1) Unless authorized under this title, a person may not use or possess with intent to use drug paraphernalia to: (i) plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled dangerous substance; or (ii) inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to: (i) for a first violation, a fine not exceeding $ 500; and (ii) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $ 2,000 or both. (3) A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating subsection (d)(4) of this section is subject to the penalty specified under paragraph (2)(ii) of this subsection. (4) (i) 1. In this paragraph the following words have the meanings indicated. 2. "Bona fide physician-patient relationship" means a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a patient's medical condition. 3. "Caregiver" means an individual designated by a patient with a debilitating medical condition to provide physical or medical assistance to the patient, including assisting with the medical use of marijuana, who: A. is a resident of the State; B. is at least 21 years old; C. is an immediate family member, a spouse, or a domestic partner of the patient; D. has not been convicted of a crime of violence as defined in § 14-101 of this article; E. has not been convicted of a violation of a State or federal controlled dangerous substances law; F. has not been convicted of a crime of moral turpitude; G. has been designated as caregiver by the patient in writing that has been placed in the patient's medical record prior to arrest; H. is the only individual designated by the patient to serve as caregiver; and I. is not serving as caregiver for any other patient. 4. "Debilitating medical condition" means a chronic or debilitating disease or medical condition or the treatment of a chronic or debilitating disease or medical condition that produces one or more of the following, as documented by a physician with whom the patient has a bona fide physician-patient relationship: A. cachexia or wasting syndrome; B. severe or chronic pain; C. severe nausea; D. seizures; E. severe and persistent muscle spasms; or F. any other condition that is severe and resistant to conventional medicine. (ii) 1. In a prosecution under this subsection involving drug paraphernalia related to marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity. 2. Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed drug paraphernalia related to marijuana because of medical necessity, on conviction of a violation of this subsection, the maximum penalty that the court may impose on the person is a fine not exceeding $ 100. (iii) 1. In a prosecution under this subsection involving drug paraphernalia related to marijuana, it is an affirmative defense that the defendant used or possessed drug paraphernalia related to marijuana because: A. the defendant has a debilitating medical condition that has been diagnosed by a physician with whom the defendant has a bona fide physician-patient relationship; B. the debilitating medical condition is severe and resistant to conventional medicine; and C. marijuana is likely to provide the defendant with therapeutic or palliative relief from the debilitating medical condition. 2. A. In a prosecution under this subsection involving drug paraphernalia related to marijuana, it is an affirmative defense that the defendant possessed drug paraphernalia related to marijuana because the drug paraphernalia related to marijuana was intended for medical use by an individual with a debilitating medical condition for whom the defendant is a caregiver. B. A defendant may not assert the affirmative defense under this subsubparagraph unless the defendant notifies the State's Attorney of the defendant's intention to assert the affirmative defense and provides the State's Attorney with all documentation in support of the affirmative defense in accordance with the rules of discovery provided in Maryland Rules 4-262 and 4-263. 3. An affirmative defense under this subparagraph may not be used if the defendant was: A. using marijuana in a public place or assisting the individual for whom the defendant is a caregiver in using the marijuana in a public place; or B. in possession of more than 1 ounce of marijuana. (d) Delivery or sale; penalty. -- (1) Unless authorized under this title, a person may not deliver or sell, or manufacture or possess with intent to deliver or sell, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that the drug paraphernalia will be used to: (i) plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled dangerous substance; or (ii) inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to: (i) for a first violation, a fine not exceeding $ 500; and (ii) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $ 2,000 or both. (3) A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating paragraph (4) of this subsection is subject to imprisonment not exceeding 2 years or a fine not exceeding $ 2,000 or both. (4) If a person who is at least 18 years old violates paragraph (1) of this subsection by delivering drug paraphernalia to a minor who is at least 3 years younger than the person, the person is guilty of a separate misdemeanor and on conviction is subject to imprisonment not exceeding 8 years or a fine not exceeding $ 15,000 or both. (e) Advertising; penalty. -- (1) A person may not advertise in a newspaper, magazine, handbill, poster, sign, mailing, or other writing or publication, or by sound truck, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, wholly or partly, is to promote the sale or delivery of drug paraphernalia. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to: (i) for a first violation, a fine not exceeding $ 500; and (ii) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $ 2,000 or both. HISTORY: An. Code 1957, art. 27, § 287A(b)-(e); 2002, ch. 26, § 2; ch. 39, §§ 2, 3, 4; 2003, ch. 442; 2011, ch. 215; 2013, chs. 61, 62.

controlled paraphernalia

CRIMINAL LAW TITLE 5. CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES SUBTITLE 6. CRIMES INVOLVING CONTROLLED DANGEROUS SUBSTANCES AND PARAPHERNALIA PART III. RELATED AND DERIVATIVE CRIMES Md. CRIMINAL LAW Code Ann. § 5-620 (2014) § 5-620. Controlled paraphernalia (a) Prohibited. -- Unless authorized under this title, a person may not: (1) obtain or attempt to obtain controlled paraphernalia by: (i) fraud, deceit, misrepresentation, or subterfuge; (ii) counterfeiting a prescription or a written order; (iii) concealing a material fact or the use of a false name or address; (iv) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or (v) making or issuing a false or counterfeit prescription or written order; or (2) possess or distribute controlled paraphernalia under circumstances which reasonably indicate an intention to use the controlled paraphernalia for purposes of illegally administering a controlled dangerous substance. (b) Evidence of unlawful intent. -- Evidence of circumstances that reasonably indicate an intent to use controlled paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous substance unlawfully include the close proximity of the controlled paraphernalia to an adulterant, diluent, or equipment commonly used to illegally manufacture, administer, distribute, or dispense controlled dangerous substances, including: (1) a scale; (2) a sieve; (3) a strainer; (4) a measuring spoon; (5) staples; (6) a stapler; (7) a glassine envelope; (8) a gelatin capsule; (9) procaine hydrochloride; (10) mannitol; (11) lactose; (12) quinine; and (13) a controlled dangerous substance. (c) Information not privileged. -- Information that is communicated to a physician to obtain controlled paraphernalia from the physician in violation of this subtitle is not a privileged communication. (d) Penalty. -- (1) Except as provided in paragraph (2) 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 who violates this section involving the use or possession of marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both. HISTORY: An. Code 1957, art. 27, § 287(b), (d), (e); 2002, ch. 26, § 2.

Possession or purchase of noncontrolled substance

CRIMINAL LAW TITLE 5. CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES SUBTITLE 6. CRIMES INVOLVING CONTROLLED DANGEROUS SUBSTANCES AND PARAPHERNALIA PART III. RELATED AND DERIVATIVE CRIMES Md. CRIMINAL LAW Code Ann. § 5-618 (2014) § 5-618. Possession or purchase of noncontrolled substance (a) Prohibited. -- Except as authorized in this title, a person may not possess or purchase a noncontrolled substance that the person reasonably believes is a controlled dangerous substance. (b) Considerations. -- To determine if a person has violated this section, the court shall include in its consideration: (1) whether the noncontrolled substance was packaged in a manner normally used to illegally distribute a controlled dangerous substance; (2) if the noncontrolled substance was purchased, whether the amount of the consideration was substantially greater than the reasonable value of the noncontrolled substance; and (3) whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance. (c) Reasonable belief not a defense. -- It is not a defense to a prosecution under this section that the substance a person possessed or purchased was not a controlled dangerous substance if the person reasonably believed that it was a controlled dangerous substance. (d) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 500 or both. HISTORY: An. Code 1957, art. 27, § 287B(b)-(e); 2002, ch. 26, § 2.

 

Email: Drug_Misdemeanor@NotGuiltyMaryland.com