Harford County Drug Lawyer
It is legal in the Old Line State for people at least 21 years of age to use and possess up to 1.5 ounces of cannabis—or similarly specified amounts of concentrated cannabis, cannabis products, or cannabis plants—for personal use. However, possession of large amounts of cannabis with intent to sell it without being a licensed dispenser is still illegal under state law, as is the possession, distribution, and manufacture of all other controlled substances defined in the state’s drug schedules.
Because applicable penalties can change drastically depending on the type and amount of drugs you allegedly possessed and what you allegedly intended to do with those drugs, no two drug-related criminal cases are exactly alike. This makes it vital to get help from a Harford County drug lawyer who has experience handling and winning all kinds of drug cases, like the defense attorneys at Price Benowitz do.
What Qualifies as Unlawful Possession of Controlled Substances Under State Law?
As per Maryland Code, Criminal Law § 5-601, there are two ways in which someone can engage in unlawful possession of a controlled substance. First, they may commit this offense by having physical control over or administering a controlled substance to someone else, with exceptions made for the possession of cannabis for personal use and the actions of authorized medical professionals performing medical services. Second, they may commit this offense by attempting to obtain or actually obtaining a controlled substance through any form of fraud or misrepresentation, including alteration of prescriptions, use of false identifying information, or concealing material facts.
Generally speaking, a first-time offender convicted of unlawfully possessing any controlled substance will have their offense categorized as a misdemeanor and may face maximum penalties of one year in jail or a $5,000 fine. However, as a Harford County drug defense attorney could explain, repeat offenders are subject to increasing maximum terms of imprisonment, up to a maximum of two years for fourth and subsequent convictions.
Enhanced Penalties for Possession With Intent To Distribute
MD Code, C.L. § 5-602 defines the unlawful distribution, dispensation, or possession with intent to distribute or dispense of any controlled substance as a distinct criminal offense from simple possession. A drug lawyer in Harford County could explain this further if needed. MD Code, C.L. §§ 5-607, 5-608, and 5-609 classify all these actions at felony offenses but allow for different maximum sanctions depending on which schedule the substance in question falls under, with Schedule I and Schedule II substances being considered more dangerous than those in Schedules III, IV, or V.
Notably, MD Code, C.L. § 5-608.1 allows the court to impose enhanced penalties on anyone convicted of distributing or dispensing fentanyl, a fentanyl analogue, or a mixture of heroin and fentanyl. More specifically, convicted defendants may have a maximum term of imprisonment of 10 years added to the end of whatever imprisonment they are sentenced to for their drug distribution conviction under MD Code, C.L. § 5-608.
Discuss Legal Options With a Harford County Drug Attorney
Unlawful possession of controlled substances is not prosecuted as harshly as it used to be. However, drug possession has not been legalized or even decriminalized as it has been in certain other states, and prosecutors will still take the matter seriously if you stand accused of distributing or intending to distribute controlled substances to other people.
Regardless of what specific crime you have been charged with, working with a skilled Harford County drug lawyer could be key to proactively protecting your best interests and securing the most favorable outcome possible from your legal proceedings. Call Price Benowitz today to schedule a free case evaluation.