Law & Legal & Attorney Health Law

Drug Charges & Penalties in Maryland

    Drug Possession

    • Most simple possession charges in Maryland are misdemeanors, but the potential jail sentence is more severe than for most misdemeanors. Violating drug laws can result in a sentence of up to four years in jail, or up to one year for marijuana possession.

    Drug Distribution

    • The penalties are harsher for charges of distributing drugs, or possessing or manufacturing with the intent to distribute. This charge is a felony and carries a potential prison sentence of five years. For intending to distribute certain drugs--including cocaine, heroin, LSD and PCP--the possible sentence is 20 years with a possible fine of $20,000. If the distribution is in an amount that qualifies the offender as a "volume dealer," the minimum sentence is five years, and the potential fine is $100,000. Examples of the amounts that qualify for a charge of volume dealing are 50 pounds of marijuana, 28 grams of morphine or opium, 1,000 units or more of LSD and 16 ounces or more of PCP.

    Repeat Offenders

    • Repeat violators of the drug distribution laws face harsher penalties. The mandatory minimum sentence for any repeat offense is two years in jail. The mandatory minimum for a repeat offense of distributing or intending to distribute cocaine, heroin, LSD or PCP is 10 years. The mandatory minimums for third and fourth offenses are higher still, at 25 and 40 years. These offenders are not eligible for parole, and a judge cannot suspend any portion of their sentence.

    Drugs and Firearms

    • Possession of a firearm while trafficking in drugs carries its own mandatory prison sentence of five years. This sentence is in addition to any other jail time for the actual drug possession or distribution charges.

    Possession Near a School

    • Bringing a controlled substance to within 1,000 feet of a Maryland elementary school or high school carries a possible sentence of 20 years in jail and a fine of up to $20,000.

    Plea Bargains

    • In certain instances, mandatory minimum sentences may not apply. According to state court rulings, prosecutors can seek lesser sentences as part of a plea bargain with offenders. If a trial judge imposes sentencing, the mandatory minimums are in effect.

    Distinction Between Crack and Cocaine

    • Maryland law establishes a 9-to-1 ratio of powder cocaine to crack cocaine to determine sentencing for "volume dealer" trafficking offenses. A conviction of trafficking 50 grams of crack cocaine includes a mandatory minimum sentence of five years. For powder cocaine, the equivalent amount is 448 grams.

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