CDS Possession Charge in Maryland | Criminal Lawyer

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Maryland Decriminalizes Marijuana, Cuts into Criminal Defense Attorney Businesses

On October 1^st, several new laws took effect in Maryland. The most newsworthy change is making possession of less than 10 grams of marijuana punishable by a civil citation rather than a criminal penalty. Under the new law, fines range from $100 for a first offense to $500 for a third offense. The change does not mean that marijuana is legalized in Maryland, it just means that possessing less than 10 grams results in a citation and no criminal charges.

The interesting thing to look at now will be the effect on criminal defense attorneys. Before the change, people knew they needed a lawyer to help them fight a marijuana possession charge. However, now people will likely think they will not need a criminal attorney because they can take care of the citation on their own. Thus, many defense attorneys believe that this law change will substantially cut down business on marijuana possession cases.

Like every new law, there are potential issues and loopholes that people should be aware of. For example, possession of paraphernalia is still a criminal offense punishable up to one year in jail and a $1,000 fine. Another issue could be the impact the new law has on defendants' Fourth Amendment rights against unlawful searches and seizures. Police are allowed to issue citations for probable cause if they believe a person has less than 10 grams of marijuana. There is a potential for a tremendous amount of challenges to searches. One final issue is whether a citation for marijuana possession under 10 grams would be considered a probation violation. New marijuana citations are akin to speeding tickets, which are not considered violations of probation. However, it would appear that marijuana citations could still be considered a violation of probation because marijuana is still an illegal drug and most probation contracts prohibit use of illegal drugs.

It will certainly be interesting to see the effect the new law has on criminal defense attorneys and whether any changes are made to this law or related laws.

If you or a family member has been charged with a criminal drug act and would like a free legal consultation please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com

Maryland Criminal Defense Attorney | Arrested for Drug Possession with Intent to Distribute in Maryland?

The distribution, importation, and sale of drugs are among the most heavily penalized drug offenses in Maryland.

Under Maryland Code Section 5-602, it is illegal for a person, other than an authorized dispenser (i.e., pharmacy), to (1) distribute or sell a controlled substance, or (2) possess a controlled substance in a sufficient quantity to reasonably indicate an intent to distribute the substance. 

Under Section 5-603, it is also illegal for a person to manufacture a controlled substance, or manufacture, distribute, or possess devices that are adapted to produce a controlled substance under circumstances that reasonably indicate an intent to sell, produce, or distribute a controlled substance. 

In Maryland, Controlled Dangerous Substances (CDS) are drugs that have been regulated under the Controlled Substances Act (CSA) and have been divided into five "schedules." These schedules are classified by how hazardous the substance is, whether it is used in accepted medical treatments, the potential for abuse, and the likelihood that it could cause addiction or dependence.

Schedule I Controlled Dangerous Substances have a high potential for abuse, are generally considered unsafe, and have no current medically accepted use in treatment. These substances include: heroin; lysergic acid diethylamide (LSD); marijuana (cannabis); peyote (cactus which contains mescaline); methaqualone; and 3,4-methylenedioxymethamphetamine (ecstasy).

Schedule II Controlled Dangerous Substances also have a strong potential for abuse, but, unlike Schedule I drugs, they have been used for medical treatment. However, abuse of Schedule II drugs can sometimes lead to a psychological or physical dependence. These substances include: narcotics such as: morphine; opium; hydromorphone (Dilaudid); methadone (Dolophine); meperidine (Demerol); oxycodone (OxyContin); fentanyl (Sublimaze/Duragesic); and stimulants such as: cocaine; phencyclidine (PCP); amobarbital; glutethimide; pentobarbital; amphetamine (Dexedrine/Adderall); methamphetamine (Desoxyn); and methylphenidate (Ritalin).

Schedule III Controlled Dangerous Substances have a lower potential for abuse, have been used in medical treatment, and can lead to a low or moderate physical dependence, but a high psychological dependence. These substances include: benzphetamine (Didrex); phendimetrazine; ketamine; anabolic steroids such as oxandrolone (Oxandrin); codeine or hydrocodone with aspirin (Tylenol 3); and buprenorphine products (Suboxone and Subutex).

Schedule IV Controlled Dangerous Substances have a relatively low potential for abuse, are used in medical treatment, and can lead to a limited physical or psychological dependence. These substances include: propoxyphene (Darvon and Darvocet-N 100); alprazolam (Xanax); clonazepam (Klonopin); clorazepate (Tranxene); diazepam (Valium); lorazepam (Ativan); midazolam (Versed); temazepam (Restoril); and triazolam (Halcion).

Schedule V Controlled Dangerous Substances have a very low potential for abuse, are commonly used for medical treatment, and can lead to very limited physical or psychological dependence. These substances typically include cough medicines that contain no more than 200 milligrams of codeine (Robitussin AC and Phenergan with Codeine).

Under Maryland Code Section 5-608(a), if an individual violates either of the preceding sections (distribution/possession with intent to distribute or manufacturing with intent to distribute) with a Schedule I or Schedule II narcotic, then that individual is guilty of a felony and faces penalties of up to 20 years in prison and / or a fine of up to $25,000. 

Schedule I or II Drugs

Under Section 5-608(b)(1), if an individual violates such sections a second time involving Schedule I or Schedule II controlled substances, that individual is guilty of a felony and faces penalties of 10 to 20 years in prison and a fine of up to $100,000.

Under Section 5-608(c)(1), if an individual violates these sections a third time involving one or more Schedule I or Schedule II controlled substances, that individual is guilty of a felony and faces penalties of a mandatory minimum 25-year prison sentence and fine of up to $100,000.

Under Section 5-608(d)(1), if an individual violates these sections a fourth time involving Schedule I or Schedule II narcotics, that individual is guilty of a felony and faces penalties of a mandatory minimum 40 years in prison and a fine of up to $100,000.

In all of these cases, the penalty is the same if the individual is convicted of conspiring to commit these offenses.

Controlled Substances Not Including Schedule I or II Drugs

Under Section 5-607(a), if an individual violates these sections with a controlled substance other than a Schedule I or Schedule II drug (distribution/possession with intent to distribute or manufacturing with intent to distribute) then that individual is guilty of a felony punishable by up to five years in prison and / or a fine of up to $15,000.

Under Section 5-607(b)(1), if an individual commits a second offense (not including Schedule I or Schedule II controlled substances) then that individual is guilty of a felony punishable by two to five years in prison and / or a fine of up to $15,000, with a mandatory minimum two-year prison sentence.

How the Criminal Defense Attorneys at Portner & Shure Can Help You

If you are convicted of possession with intent to distribute, you may face very harsh penalties. Even first-time drug offenders may face jail time, large fines, and long probation periods. Certain factors such as the kind of drug found in your possession, the quantity of drugs, and your prior criminal record can make potential consequences even more serious. If you were arrested in a school zone, the penalties will be even more severe.

You could be charged with possession with intent to distribute based on the circumstances and other evidence confiscated at the arrest:

• The amount of drugs seized


• The value of the drugs seized


• The presence of large quantities of cash


• Packaging of the drugs


• Baggies


• Scales

The presence of any of the above-mentioned circumstantial evidence can lead the arresting police officer to believe there was intent to distribute, regardless of your actual intent. If you are charged with any of the crimes listed above, you should consult with a Maryland drug distribution lawyer to learn about your options and how a lawyer can help you build a strong defense.

The Maryland criminal defense attorneys at Portner & Shure can help you fight the charges against you in court. Working with an experienced Maryland criminal defense attorney could help to lessen the overall impact of the charges against you. The stakes are too high to take your chances without an experienced criminal defense lawyer. If convicted, these charges can seriously impact your ability to:

• Secure employment, maintain your current position, or advance in your career


• Get approval for a home or car loan


• Maintain eligibility for an academic scholarship


• Obtain acceptance into a university


• Rent a home, apartment, or condo

The lawyers at Portner & Shure will provide you with aggressive representation for your drug trafficking case in order to minimize the impact of these charges on the rest of your life.

Maryland Criminal Law Attorney|Two Paths to Marijuana Decriminalization

With the legislative session soon coming to a close, both the House of Delegates and the Senate are seeking ways to bridge the gap between two different measures on the same issue: medical marijuana.

The General Assembly last year passed a medical marijuana bill that allowed academic hospitals to order marijuana for patients with certain diseases or symptoms. None of the academic hospitals took advantage of this provision as they feared it may affect their federal funding, as marijuana is still illegal under federal law. This year, they are taking a second look at the program to make it more accessible to patients.

The Senate has a measure to allow for the licensing of treatment centers where medical marijuana can be ordered in order to separate the growers and the patients. Both the Senate and the House are looking at versions where doctors would be able to "recommend" patients to use medical marijuana. This "recommendation" would be akin to a prescription, but because the drug is illegal federally, it cannot be called such. Despite differences between the two bills, many are optimistic that the House and the Senate will come to a consensus. 

Maryland Criminal Law Attorney|Marijuana Decriminalization Passes Senate, Awaits House

Just last week, the Senate voted 36 to 8 on a measure that would make possession of small amounts of marijuana a civil offense as opposed to a criminal offense. Under this bill, if one is caught with 10 grams or less, a civil citation will be issued along with a fine up to $100.

Last year, almost 20,000 Marylanders were charged along with 3,000 fined or jailed. Supporters of the bill argue that recreational marijuana use should be decriminalized to protect those who could lose their jobs or be kicked out of school for possession. Furthermore, treating marijuana as a crime is simply a waste of public resources that should be used to catch the real criminals.