David Bowman
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Possession for Personal Use
Simple possession (possession without the intent to distribute) of 10 grams or less in Maryland is a non-arrestable, non-criminal, fine-only offense ($100 fine for first-time offenders, $250 for second-time offenders).
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Possession with intent to distribute of less than 50 lbs. of marijuana in Maryland is a felony with a punishment of up to 5 years imprisonment and a fine not exceeding $15,000.
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Cultivation in Maryland is punished as either simple possession or as possession with intent to deliver, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. See the Possession for Personal Use" and "Possession with Intent to Distribute" sections for further penalty details.
Trafficking
If a person brings more than 45 kgs. of marijuana into the state of MD, then they are guilty of a felony and are subject to imprisonment not exceeding 25 years and a fine not exceeding $50,000.
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In Maryland, hashish and marijuana concentrates are punished at the same level as plant-form marijuana, and are Schedule I controlled hallucinogenic substances. See the Maryland marijuana penalty section for further details.
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Under MD law, paraphernalia includes all equipment and materials used in the use, manufacture, or distribution of marijuana. This includes all agricultural materials used in the growing process, including electronic equipment and typical gardening supplies, such as lights, fertilizer, and top soil. §5-101 also includes under its definition items such as scales, plastic bags, and others used in the distribution process. Hash bubble sacks are paraphernalia. These items are joined by the typical forms of paraphernalia involved in the ingestion of marijuana, including pipes, bongs, and roach clips. Rolling papers and blunt wraps are not included under the statutory definition.
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Maryland has a mandatory minimum sentences for:
Medical Necessity Defense
"In a prosecution for the use or possession of marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.
(ii) Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed marijuana because of medical necessity, on conviction of a violation of this section, the maximum penalty that the court may impose on the person is a fine not exceeding $100."
Even with the defense, the crime is still a misdemeanor. Additional fines/penalties are applicable if use is in public or more than one ounce is in possession at one time.
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For more information concerning Maryland's marijuana laws, please visit NORML's Maryland Medical Marijuana page.
Drug Kingpin
If an individual is found to be a "drug kingpin" (an organizer, supervisor, financier, or manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance), and dealt with more than 50 lbs. of marijuana, then they are guilty of a felony and subject to imprisonment for not less than 20 years and not exceeding 40 years without the possibility of parole and a fine not exceeding $1,000,000.
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Source: NORML: Maryland Laws & Penalties
Simple possession (possession without the intent to distribute) of 10 grams or less in Maryland is a non-arrestable, non-criminal, fine-only offense ($100 fine for first-time offenders, $250 for second-time offenders).
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- MD Senate Bill 364
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- MD CODE ANN. §5-601(c)(2)
Possession with intent to distribute of less than 50 lbs. of marijuana in Maryland is a felony with a punishment of up to 5 years imprisonment and a fine not exceeding $15,000.
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- MD. CODE ANN. §5-607(a)
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- MD. CODE ANN. §§5-612 (a)-(c).
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- MD. CODE ANN. § 5-627
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- MD. CODE ANN. §5-607(b)(1)
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- MD. CODE ANN. §5-613. (Does not merge. §5-613(d).)
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- MD. CODE ANN. §5-628
Cultivation in Maryland is punished as either simple possession or as possession with intent to deliver, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. See the Possession for Personal Use" and "Possession with Intent to Distribute" sections for further penalty details.
Trafficking
If a person brings more than 45 kgs. of marijuana into the state of MD, then they are guilty of a felony and are subject to imprisonment not exceeding 25 years and a fine not exceeding $50,000.
See:
- MD. CODE ANN. §5-614(a)
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- MD. CODE ANN. §5-614(b)
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- MD. CODE ANN. §5-621(c)(1)
In Maryland, hashish and marijuana concentrates are punished at the same level as plant-form marijuana, and are Schedule I controlled hallucinogenic substances. See the Maryland marijuana penalty section for further details.
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- MD. CODE ANN. §5-101(q)
- MD. CODE ANN. §5-402(d)(vii)
- MD. CODE ANN. §5-402(d)(xii)
- Hignut v. State, 17 Md.App. 399 (Md. Spec. App. 1973)
- Ertwine v. State, 18 Md.App. 619, 308 A.2d 414 (Md. Spec. App. 1973)
Under MD law, paraphernalia includes all equipment and materials used in the use, manufacture, or distribution of marijuana. This includes all agricultural materials used in the growing process, including electronic equipment and typical gardening supplies, such as lights, fertilizer, and top soil. §5-101 also includes under its definition items such as scales, plastic bags, and others used in the distribution process. Hash bubble sacks are paraphernalia. These items are joined by the typical forms of paraphernalia involved in the ingestion of marijuana, including pipes, bongs, and roach clips. Rolling papers and blunt wraps are not included under the statutory definition.
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- MD. CODE ANN. §5-101
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- §5-619 (d)(2) Web Search
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- MD. CODE ANN. § 5-620(d)(2)
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- MD. CODE ANN. § 5-619(d)(4).
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- MD. CODE ANN. §5-619(e)(1)
Maryland has a mandatory minimum sentences for:
- Repeat offenders who have been convicted of possession to distribute on 2 or more occasions (2 years).
- Repeat offenders who have previously been convicted of possession with intent to distribute within 1,000 ft. of a school on 2 or more occasions (5 years).
- Any offender convicted of possessing 50 lbs. or more of marijuana, including any acts of possession within the last 90 days (5 years).
- Any offender convicted of being a "drug kingpin" who dealt in more than 50 lbs. of marijuana (20 years).
- Any offender who is in possession of a firearm at the time they are arrested for trafficking marijuana into MD (10 years)
- MD. CODE ANN. §5-607(b)(1)
- MD. CODE ANN. §§5-612 (a)-(c)
- MD. CODE ANN. § 5-627
- MD. CODE ANN. §5-613
- MD. CODE ANN. §5-621(c)(1)
Medical Necessity Defense
"In a prosecution for the use or possession of marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.
(ii) Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed marijuana because of medical necessity, on conviction of a violation of this section, the maximum penalty that the court may impose on the person is a fine not exceeding $100."
Even with the defense, the crime is still a misdemeanor. Additional fines/penalties are applicable if use is in public or more than one ounce is in possession at one time.
See:
- MD. CODE ANN. §§5-601(c)(3)(i)-(ii)
For more information concerning Maryland's marijuana laws, please visit NORML's Maryland Medical Marijuana page.
Drug Kingpin
If an individual is found to be a "drug kingpin" (an organizer, supervisor, financier, or manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance), and dealt with more than 50 lbs. of marijuana, then they are guilty of a felony and subject to imprisonment for not less than 20 years and not exceeding 40 years without the possibility of parole and a fine not exceeding $1,000,000.
See:
- MD. CODE ANN. §5-613. (Does not merge. §5-613(d).)
See:
- MD. CODE ANN. §5-628
DECRIMINALIZATION
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
MANDATORY MINIMUM SENTENCE
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
MEDICAL MARIJUANA
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
Source: NORML: Maryland Laws & Penalties