In almost every state, there are various levels of offenses for being in possession of illegal drugs. The seriousness of the crime will depend on the amount and type of substance. In the state of Maryland, illicit drugs are referred to as controlled dangerous substances, also known as CDS.

All Maryland drug possession offenses are considered criminal, jailable crimes, other than being in possession of marijuana that is under 10 grams. This article will explain everything you need to know about what happens if you’re found in possession of more than 10 grams of a controlled substance in Maryland.

Possession of Controlled Substances

In Maryland, as long as quantities of a controlled substance are not excessive, the amount will not affect the maximum sentence set. All drugs, excluding marijuana, have the same maximum penalty. This includes drugs distributed illegally, such as fentanyl, ecstasy, LSD, heroin, cocaine, amphetamines, and prescribed medications, like oxycodone, Percocet, or Adderall.

A first conviction for drug possession is punishable by up to one year in jail and a fine of $5,000, while a second or third conviction for drug possession can land you in prison for up to 18 months with a $5,000 fine. Any other convictions are punishable by up to two years in jail.

Possession of Marijuana

Laws in Maryland make the distinction between marijuana and other illegal drugs. Possessing or using marijuana in the amount of ten grams or more is punishable by up to six months in jail and a $1,000 fine. The possession of other controlled substances is much greater than the ones of marijuana.

Small amounts of marijuana have been decriminalized. However, authorities are still required to charge those with small amounts of less than 10 grams with a fine of up to $100 for a first offense, $250 for a second offense, and $500 for a third or subsequent offense.

Anyone who commits a third or subsequent offense or that is under the age of 21 may be required to attend a drug education program, be assessed for a substance abuse disorder, or seek drug treatment.

Maximum Penalties for Possession of a Controlled Substance

The maximum penalties for possessing a controlled substance (CDS) vary depending on the degree, as discussed above. Penalties are also different if you are caught with marijuana.

Here are the maximum penalties for possession of CDS or marijuana:

• Possession of Marijuana 10 grams or more: Misdemeanor, up to six months in jail, and a $1,000 fine
• Possession of Marijuana Less than 10 grams: Civil citation, up to $100 for a first offense, $250 for a second offense, and $500 for any subsequent offense; possible drug education or treatment required for anyone with two prior offenses
• Controlled dangerous substance, 1st conviction: Misdemeanor, up to 1 year in jail, and a $5,000 fine
• Controlled dangerous substance, 2nd or 3rd conviction: Misdemeanor, up to 18 months in jail, and a $5,000 fine
• Controlled dangerous substance, 4th or later conviction: Misdemeanor, up to 2 years in jail, and a $5,000 fine

Get in touch for more.

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