July 6, 2012
According to the National Survey on Drug Use and Health, 95 million Americans aged 12 and over have tried marijuana at least once. In 2007, there were 24,710 arrests for marijuana offenses in Maryland, with possession accounting for 89 percent of those arrests.
Typically, in Maryland, there are three distinct categories into which drug offense charges are separated:
- possession;
- trafficking; or
- paraphernalia.
Defendants that are charged with possession of marijuana are penalized with either misdemeanor or felony charges that are based on a number of distinctions, such as:
- whether the drugs were for personal use or if the defendant had intentions to distribute;
- the amount of drugs the defendant possessed;
- whether the defendant possessed the drugs in a school vehicle or in, on, or within 1,000 feet of an elementary or secondary school; or
- if the defendant was distributing drugs to a minor.
Currently, the law states, with the exception of some cases of medical necessity, possessing less than 50 pounds of marijuana for personal use carries a maximum penalty of a $1,000 fine and/or up to one year in jail. In May of 2012, Governor Martin O’Malley signed a new law that will reduce the penalties for possession of small amounts of marijuana. The new law, which will go into effect on October 1, 2012, will reduce the maximum penalty of possessing less than 10 grams of marijuana to a $500 fine and/or up to 90 days in jail.
For possession of marijuana with the intent to distribute, the charge may be considered a felony and the maximum penalties typically include:
- a $15,000 fine and/or up to five years in prison for possession of less than 50 pounds;
- a $15,000 fine and no less than five years in prison for possession of more than 50 pounds;
- a $1 million fine and/or 20 to 40 years in prison for possession of more than 50 pounds if the defendant is found to be a “drug kingpin,” or a major figure in an organized crime operation;
- a $40,000 fine and/or 2 to 5 years in prison for possession in a school vehicle or in, on, or within 1,000 feet of an elementary or secondary school; and
- a $20,000 fine and/or 20 years in prison for possession with intent to distribute to a minor.
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