Section § 4-101 of the Maryland criminal procedure code allows certain charges by citation such as possession of marijuana under 10 grams.
A police officer must charge a possession of marijuana case under 10 grams by citation instead of arrest if
1) the officer is satisfied with the defendant’s evidence of identity;
2) the officer reasonably believes that the defendant will comply with the citation;
3) the officer reasonably believes that the failure to charge on a statement of charges will not pose a threat to public safety;
4) the defendant is not subject to arrest for another criminal charge arising out of the same incident; and
5) the defendant complies with all lawful orders by the officer.
However, a police officer who has grounds to make a warrantless arrest for an offense that may be charged by citation may: issue a citation in lieu of making the arrest; or make the arrest and subsequently issue a citation in lieu of continued custody.
A marijuana citation may be charging you with a crime and a finding of guilty for a Maryland marijuana citation for possession of 10 grams of marijuana or more could subject you to up to one year and or a $1,000 fine. There are also other consequences like losing federal benefits, financial aid for education, welfare benefits and public housing. A Maryland marijuana citation could impact your career as a teacher, child care provider, law enforcement officer or any other position of trust that requires a background check. See our Marijuana FAQ page.
If you received a Maryland marijuana citation you should contact an experienced marijuana defense lawyer to help you limit these consequences and defend yourself against these charges.