The controversy over the legalization of marijuana for recreational purposes in some states causes much confusion with the public. The possession of any amount of marijuana is still a federal crime. Anyone charged with a marijuana violation should not take the matter lightly. Even in smaller quantities, it can impact many aspects of your life.
Possession of fewer than 10 grams of marijuana is now a civil rather than a criminal matter; a civil citation will be issued rather than a criminal summons or arrest warrant and It is a fine only offense.
CRIMINAL LAW VIOLATIONS-MARYLAND
Possession of over 10 grams of marijuana is still a criminal misdemeanor and with a maximum penalty of six months incarceration and a $1000 fine. The recently enacted Justice Reinvestment Act (‘JRA”) decreased the maximum penalty from one year to six months and reduced the Maryland sentencing guidelines for this offense.
The felony charges relating to marijuana; i.e.; possession with intent to distribute, importing marijuana into the state and possession of a large amount (over 50 pounds) continue to be aggressively prosecuted. The JRA removed mandatory minimum sentences for subsequent offenders but not the 5-year mandatory minimum for possession of over 50 pounds of marijuana. Our office recently handled two cases, 900+ pounds, and 65 pounds and obtained a positive result for clients.
Possession of a firearm with any illegal drugs, including marijuana, may still result in a five-year mandatory minimum sentence if the State can establish the firearm was being used in a drug trafficking crime. Recently, our office has experienced more clients being charged with this violation.
Maryland has not legalized marijuana and it can only be legally possessed for medical purposes by Maryland residents in Maryland who have 1) registered with the Maryland Medical Cannabis Commission, 2) obtained a written certification from a provider registered with the Commission, 3) obtained marijuana through a licensed Maryland dispensary (when open) and ) 4 Optional-purchased an identification card.
Please contact C. Thomas Brown, former Assistant State's Attorney, and Tina Harris when charged with a marijuana or any drug charge. We provide experienced aggressive representation and commit to providing the best possible defense to protect your liberty, employment, and criminal record.