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Tuesday, March 18, 2014

Penalty for Possession With Intent to Distribute in Maryland - Marijuana Defense Lawyer

Maryland Laws and Penalties - Distributing, possessing with intent to distribute, or dispensing controlled dangerous substance

Possession with intent to distribute marijuana laws in Maryland.  Even though the Maryland Legislature is considering decreasing the penalties for possession of marijuana in Maryland, they have shown no interest in decreasing the penalties for distribution and manufacturing crimes in Maryland.   Don't let one mistake ruin your life, call me today for immediate legal help.

Maryland Drug Defense Lawyer - G. Randolph Rice, Jr., call 410-288-2900 for immediate legal help.

The current Maryland Law proscribes the following penalties for marijuana:

  • Possession of marijuana - less than 10 grams: Misdemeanor, Maximum penalty 90 days and/or $500 fine.
  • Possession of marijuana (either less than or more than 10 grams): Misdemeanor, Maximum 1 year and/or $1,000 fine.
  • Possession of marijuana with the intent to distribute:
    • Less than 50 lbs.: felony, Maximum 5 years and/or $15,000 fine.
    • More than 50 lbs.: felony, Maximum penalty 5 years and/or $15,000 fine, mandatory 5 years without parole.
    • Repeat offenders may face mandatory penalties.

Maryland Law and Penalty Details for Possession With Intent to Distribute

Maryland Criminal Law Code Ann. § 5-602 (2014)

§ 5-602. Distributing, possessing with intent to distribute, or dispensing controlled dangerous substance


A person may not:

(1) distribute or dispense a controlled dangerous substance; or

(2) possess a controlled dangerous substance in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance.

Maryland Criminal Law Code Ann. § 5-607 (Updated in 2014)

§ 5-607. Penalties -- Certain crimes

(a) In general. Except as provided in §§ 5-608 and 5-609 of this subtitle, a person who violates a provision of §§ 5-602 through 5-606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 15,000 or both.

(b) Repeat offender.

(1) A person who has been convicted previously under subsection (a) of this section shall be sentenced to imprisonment for not less than 2 years.

(2) The court may not suspend the mandatory minimum sentence to less than 2 years.

(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

Maryland Criminal Law Code Ann. § 5-612 (2014)

§ 5-612. Volume dealer
(a) Unlawful amounts. -- A person may not manufacture, distribute, dispense, or possess:

(1) 50 pounds or more of marijuana;

(2) 448 grams or more of cocaine;
(3) 448 grams or more of any mixture containing a detectable amount of cocaine;
(4) 50 grams or more of cocaine base, commonly known as "crack";
(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(6) any mixture containing 28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(7) 1,000 dosage units or more of lysergic acid diethylamide;
(8) any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;
(9) 16 ounces or more of phencyclidine in liquid form;
(10) 448 grams or more of any mixture containing phencyclidine;
(11) 448 grams or more of methamphetamine; or
(12) any mixture containing 448 grams or more of methamphetamine.

(b) Aggregation of amounts. For the purpose of determining the quantity of a controlled dangerous substance involved in individual acts of manufacturing, distributing, dispensing, or possessing under subsection (a) of this section, the acts may be aggregated if each of the acts occurred within a 90-day period.

(c) Enhanced penalty.

(1) A person who is convicted of a violation of subsection (a) of this section shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not exceeding $ 100,000.

(2) The court may not suspend any part of the mandatory minimum sentence of 5 years.

(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

If you have been charged with distributing, possessing with intent to distribute, or dispensing controlled dangerous substance in Maryland, call attorney G. Randolph Rice, Jr., at 410-288-2900 for immediate legal help or email him directly by clicking here.



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