Possessing prescription drugs without a prescription is generally illegal in Maryland, and the consequences can be severe. For more information and legal advice, work with an experienced Prince George’s County drug crime lawyer at Miller Berman today.
What is a Prescription Drug?
Prescription drugs are medications that legally require authorization from a licensed healthcare provider before they can be dispensed or possessed. They may be regulated for a variety of reasons, including the potency, side effects, and potential for abuse or addiction.
When a drug is prescribed, the dosage, frequency, and duration of use are tailored to the individual’s specific diagnosis and needs. They often require ongoing medical monitoring to ensure that they are working safely and effectively.
Common examples of prescription drugs include:
- Opioid painkillers like oxycodone and hydrocodone
- ADHD medications like Adderall and Ritalin
- Anti-anxiety medications like Xanax and Valium
- Sleep medications
- Certain muscle relaxers
Is It Illegal to Possess Prescription Drugs Without a Prescription in MD?
Yes, it is illegal to possess prescription drugs without a valid prescription in Maryland. Maryland law generally prohibits possessing controlled dangerous substances without lawful authorization, including many prescription medications classified as controlled substances, such as opioids, stimulants, and certain anti-anxiety drugs.
Under Maryland Criminal Law Code § 5–601, a person may not possess or administer a controlled dangerous substance to another unless:
- It was obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or
- The controlled dangerous substance is cannabis, the individual is at least 21 years old, and the amount possessed is the personal use amount.
A person also may not obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by:
- Fraud, deceit, misrepresentation, or subterfuge;
- The counterfeiting or alteration of a prescription or a written order;
- The concealment of a material fact;
- The use of a false name or address;
- Falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or
- Making, issuing, or presenting a false or counterfeit prescription or written order.
What Are the Penalties for Unlawful Possession of a Prescription Drug in MD?
The unlawful possession of a prescription drug in Maryland is classified as a misdemeanor, and the resulting penalties escalate significantly with repeat offenses. For a first conviction, the individual is subject to imprisonment not exceeding 1 year, a fine not exceeding $5,000, or both. This penalty structure is designed to deter initial offenses while allowing for sentencing flexibility.
In the case of a second or third conviction, the court may impose a harsher sentence, including imprisonment not exceeding 18 months, or a fine not exceeding $5,000, or both. The maximum fine remains the same, but the potential jail time increases.
For individuals facing a fourth or subsequent conviction for unlawful possession, the penalties become even more severe. The person is subject to imprisonment not exceeding 2 years, or a fine not exceeding $5,000, or both.
