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What Are the Penalties for Possession with Intent in Maryland?

In Maryland, possession with intent to distribute (PWID) is a serious charge that is often accompanied by jail time and hefty fines. However, the penalties for possession with intent to distribute hinge on a number of factors, most notably: (1) the controlled substance at issue in the allegations and (2) the alleged volume of that substance. If you have been accused of PWID, it’s important that you seek experienced legal counsel, but also that you understand exactly what penalties you are facing.

Below, Maryland drug lawyer Seth Okin discusses penalties associated with PWID cases and why contacting an attorney is important. For more information schedule a free consultation with a possession with intent to distribute lawyer in Maryland.

What Are The Penalties Associated With the PWID case?

The penalties will have a variance and the reason is that drugs are either schedule 1 or schedule 2 narcotics. There are certain hallucinogens that will bring harsher penalty than the others but schedule 1 and schedule 2 is where drugs are listed. The list is going to include heroin, cocaine, and crack.  So basically if it’s a schedule 1 or 2 narcotic it’s your first offense, you’re looking at a maximum penalty of up to 20 years in jail and a $25,000 fine. If it’s a second offense, you’re looking at a 10 year mandatory minimum. Third offense, it’s a 25 year mandatory minimum, and if you’re a fourth offender, it’s a 40 year mandatory.

Then, the other hallucinogens we were talking about LSD, PCP have a certain amount of ecstasy where it actually can be deemed to be distributable. Again, you’re looking at first-time offense of up to 20 years and a $20,000 fine. The second offense goes up from there. It’s 10 year mandatory minimum, $25,000. It rolls up from there.

Anything else that’s not really in that list, if you’re looking at marijuana, a first offense can be five years in jail and $15,000 fine. Second offense carries a two year minimum mandatory and it kind of rolls up from there. That can not only just be the possession with intent to distribute but also the manufacturing as well.

Those are things that kind of get in there and you’ll see the charges kind of fall in with each other.

Long Term Implications of a PWID Conviction

It’s a felony conviction so just being convicted of a felony is enough to stick with you the rest of your life.  A conviction is not expungeable. You can get pardon by the governor of the state. But, I don’t remember the last pardon given out by the state of Maryland. At least this administration doesn’t give them out.

Contact an Attorney Early in The Process

Contacting an attorney early on is important because the officers are going to come and say, “if you cooperate with us, then we’ll help you out”—but they really aren’t. They have one job and that’s to detect, investigate, and arrest. State’s attorneys can cut deals and that is about it.

I wouldn’t help an officer. Don’t give them information. Don’t give them anything.

In their investigation they can prove that they did everything every step of the way on their own, but you don’t give up information. You don’t give them anything. You don’t go in for interviews and if do, then you do it with an attorney. Without an attorney, you’re probably going to make a bad choice and say one thing that could really hurt you and then that’s the end of it.