Maryland Marijuana Laws and Penalties

Marijuana Possession – for possession of marijuana under 10 grams the penalty is a civil offense with a maximum penalty of $100 for a first offense. Click here for information on Civil Citations

For possession of 10 grams or more the maximum penalty is 1 year in jail or a $1000 fine, or both.

Distribution  – for large amounts of drugs that are in close proximity to baggies, scales, weapons, or large amounts of cash, you may be charged with intent to distribute marijuana. If you are charged with selling, distributing or cultivating less than 50 pounds of marijuana, the maximum penalty is 5 years in prison and a fine of $15,000. There are mandatory minimum sentences of up to 5 years for 50 pounds or more of marijuana.

Trafficking – the penalties for transporting marijuana into Maryland vary depending on the amount. Aa conviction for trafficking between 5 kilograms and up to 45 kilograms into Maryland holds a maximum of 10 years in prison and a $10,000 fine, or both. For amounts of 45 kilograms and more the maximum prison sentence is 25 years and a $50,000 fine or both.

Maryland Enhanced Penalties: Distribution of marijuana at or near school property is subject to a penalty of up to 20 years in prison, a $20,000 fine, or both.  A repeat offender is subject to imprisonment of five (5) to forty (40) years, a fine of up to $40,000, or both.  Using a minor in the distribution of marijuana is a felony punishable by up to 20 years in prison, a fine of up to $20,000, or both.

Federal enhanced penalties: Use of a minor in a drug offense, distribution to a person between the age of 18 and 21, distribution on or near a school or college, or distribution of marijuana to a pregnant woman, authorizes the court to inflict twice the maximum penalty for that drug offense on a first time offender, and three times the penalty for that offense on a repeat offender.  An individual employing minor to distribute marijuana near schools or playgrounds will be subject to up to three times the allowable penalty for the underlying crime.

A first time offender distributing marijuana to persons between the age of 18 and 21 or distributing near a school or college will be subject to at least one (1) year in prison, unless the amount being distributed was five (5) grams or less.  A repeat offender distributing near a school or college will be subject to a minimum three years in prison.  If the minor used in a distribution crime is under 14 years of age, or if the offender knowingly distributes a controlled substance to a minor, the offense is subject to imprisonment of up to five (5) years, a fine of up to $50,000, or both, in addition to any other penalty incurred for the underlying crime.

Maryland Drug Possession Laws are serious offenses. There may be additional charges for possession of paraphernalia, and enhanced penalties for distribution school zones.

If you are charged with a drug possession crime call an experienced Baltimore drug possession lawyer David D. Nowak, Esq. 443-470-9071


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