Prince George’s County Drug Crime Lawyers

The state of Maryland has some of the strictest drug laws in the United States. A drug conviction can result in years of jail time as well as thousands of dollars in fines. Most of the drug laws in Maryland correlate directly with Federal Scheduling dictated by the Controlled Substances Act of 1970. If you have been charged with a drug crime, it is important that you retain the services of a team of experienced criminal defense lawyers who can effectively fight your charges and protect your future. Miller Berman has decades of experience representing clients who may be facing a bleak future. Contact our drug crime lawyers today to discuss your situation.

Federal Drug Scheduling

Drug convictions in Maryland are generally determined by the federal scheduling of the Controlled Substances Act of 1970, with marijuana being the exception. Drugs are scheduled by their rate of abuse, their potential for addiction, their medical benefits, and their safety.

• Schedule I drugs are the most dangerous drugs and are considered to have no medical benefit as well as a high rate of addiction and abuse. These include marijuana, heroin, MDMA, LSD, and bath salts.
• Schedule II drugs have a high potential for addiction, despite having some medicinal value. These include cocaine, fentanyl, methadone, morphine, methamphetamine, amphetamine, barbiturates, and hydrocodone.
• Schedule III drugs include ketamine, anabolic steroids, and drugs that have no more than 90 milligrams of codeine per dose.
• Schedule IV and V drugs are considered the least dangerous drugs, as they have a low potential for abuse and are regularly used for medicinal purposes.

Marijuana Laws in Maryland

Maryland legalized adult-use cannabis for individuals 21 and older on July 1, 2023, allowing possession of up to 1.5 ounces, which is considered the “personal use” amount. However:

• Possession of more than 1.5 ounces but not more than 2.5 ounces is a civil offense with a fine of up to $250.
• Possession of more than 2.5 ounces is a criminal offense that can result in up to 6 months in jail and a fine of up to $1,000.
• Possession of 50 lbs or more is a felony under Maryland’s volume dealer statute with a mandatory minimum sentence of 5 years and a fine of up to $100,000.

Anyone who is charged with possession with intent to distribute will face much more serious penalties. This is a penalty that results in the following consequences:

• Less than 50 lbs results in a maximum penalty of up to 5 years in jail and a fine of up to $15,000.
• Greater than 50 lbs results in a mandatory minimum sentence of 5 years and a fine of up to $100,000 under Maryland’s volume dealer law.
• Greater than 50 lbs as a drug kingpin results in a $1,000,000 fine and a non-suspendable, non-parolable minimum of 20 years and up to 40 years in jail.
• In a school vehicle or within 1000 feet of a school results in enhanced penalties, which may include 2 to 5 years of additional incarceration and higher fines, depending on the specific statute involved.

Maryland Drug Charges FAQ

Q: How do prosecutors decide whether to charge me with possession or possession with intent to distribute?
A: The amount of the drug is an important factor, but it’s not the only one. Packaging materials, digital scales, large amounts of cash, text messages suggesting sales, and statements made during an arrest can all be used to argue intent. Prosecutors don’t need to catch someone in the act of selling to pursue distribution charges.

Q: What is a “volume dealer” or “drug kingpin” charge in Maryland?
A: Maryland imposes severe penalties for cases involving large quantities of controlled dangerous substances. A “volume dealer” charge applies when someone possesses or distributes amounts that meet statutory thresholds, which can trigger mandatory minimum sentences. A “drug kingpin” accusation is even more serious and involves allegations of running, organizing, or financing a distribution operation. These cases often carry long prison terms and limited opportunities for leniency.

Q: Can a drug case be dismissed if the police search was illegal?
A: Potentially, yes. Police must follow constitutional rules when searching a vehicle, home, or personal belongings. If officers lacked probable cause, used coercive tactics to obtain consent, or exceeded the scope of a warrant, evidence may be suppressed. Without that evidence, the prosecution may have to drop or reduce the charges.

Q: Does Maryland offer diversion programs or alternatives to jail for drug offenses?
A: Many Maryland jurisdictions offer alternatives such as Drug Court, probation before judgment (PBJ), and pretrial diversion programs for eligible individuals. These options may involve treatment, testing, and supervision. Successful completion can reduce the long-term impact of the case and, in some situations, may allow for future expungement.

Q: What are the collateral consequences of a drug conviction?
A: A drug conviction can affect more than your criminal record. It may limit job opportunities, threaten professional licenses, impact immigration cases, affect housing eligibility, and create long-term financial strain. Understanding these consequences often helps clients appreciate why early legal representation is important.

Q: When does a drug case become a federal matter instead of a state case?
A: Federal drug charges typically arise when cases involve interstate distribution, large quantities of controlled substances, weapons, or alleged involvement in an organized trafficking network. Federal penalties are often harsher, and investigations tend to be more complex, which is why early legal intervention is critical when federal agents are involved.

Q: Can I be charged with a drug crime if I was just in the same car or home where drugs were found?
A: It depends on the circumstances. Maryland allows constructive and joint possession, but prosecutors still need to show you had knowledge of the drugs and some level of control over them. If others in the setting had more direct access or ownership, our drug crime lawyers may be able to challenge the charge.

Contact Our Drug Crime Defense Lawyers in PG County, Maryland

If you have been charged with a drug crime in the state of Maryland, you need an attorney who can effectively represent your interests to help you avoid the pitfalls of a criminal record. You may be subject to serious fines and jail time if convicted. To discuss your charges with an experienced defense attorney, contact Miller Berman today.