Is Marijuana Possession Illegal in Maryland?

As a Maryland resident, you may recall that prominent moment when the state legalized marijuana for adults 21 and older on July 1, 2023. Specifically, though, this law only permits the personal use of this recreational cannabis. Simply put, any behavior or action that falls outside of these bounds may constitute criminal punishment. That said, please follow along to find out whether it is illegal to be found in possession of marijuana and how one of the proficient Prince George’s County drug crime lawyers at Miller Berman, LLC, can help rectify any misunderstanding that may falsely incriminate you. 

Under what circumstances is marijuana possession illegal in the state of Maryland?

In short, you are allowed to possess up to 1.5 ounces of marijuana at once. If you are caught with any greater amount on your person, in your vehicle, or in an area under your general control, you may be charged with civil or criminal penalties. For one, possession of between 1.5 and 2.5 ounces of marijuana is a civil offense that carries a fine of up to $250. Then, possession of more than 2.5 ounces may result in a criminal misdemeanor that is associated with up to six months of jail time and a fine of up to $1,000. 

What happens if I am accused of an intent to distribute marijuana in Maryland?

If a law enforcement officer finds more than 50 pounds of marijuana in your possession, they may have reason believe that you have the purpose to sell and deliver it. This may ultimately result in the Maryland criminal court convicting you of possession with intent to distribute, which means you will be upgraded to felony penalties. Specifically, with this large amount of marijuana, you may be subjected to a mandatory minimum sentence of five years in prison and a fine of up to $100,000. It is worth mentioning that law enforcement may consider the total marijuana in your possession within a 90-day period to accuse you of this felony offense. So you do not necessarily need to be discovered with 50 pounds of marijuana on you at once, but this amount may be unearthed after further investigation is run.

How can an intent to distribute marijuana be proven in Maryland?

Also, even with a lesser amount, there is still a possibility that you will be charged with this crime. This is if law enforcement and the prosecution can present the court with reasonable evidence against you. For example, at the scene, law enforcement may spot large amounts of cash on hand, the marijuana already divided up into small plastic bags, or other bulk amounts of drug paraphernalia, all of which may be signs that point to the purpose of selling. So, an intent to distribute less than 50 pounds of marijuana may result in a maximum of five years in jail and a $15,000 fine. With this smaller amount, but being found in a school vehicle or within 1,000 feet of a school, your incarceration may increase by two to five years, with higher fines. 

At the end of the day, you do not want to be charged for a crime you did not commit, regardless of whether it is drug possession or an intent to distribute. To avoid this from becoming your stark reality, please allow one of the talented Prince George’s County criminal lawyers from Miller Berman, LLC to represent you in your case. We will be more than happy to legally assist you.