Drug Possession

If you or a loved one has been charged with possession of controlled dangerous substances, you are probably concerned about the legal consequences. Possession of controlled dangerous substances (CDS) is among the most frequently charged, and prosecuted, cases in the criminal justice system. These charges can lead to fines, incarceration, probation, and a permanent criminal record. 

These cases must be differentiated from the more serious felony narcotics cases typically known as distribution or possession with the intent to distribute. So-called “simple possession” cases, or the possession of drugs for personal consumption, are misdemeanors in Maryland. This might not be true in other states. Many other states classify the possession of even relatively small amounts of CDS as a felony, even without proof of intent to distribute the substances.  

Read more: Possession With Intent and Distribution of Controlled Dangerous Substances 

Drug possession charges may be misdemeanors under Maryland law, but convictions for these offenses can have serious consequences that can follow a person throughout their life.  

Prison sentences for simple possession can be up to two years. In Maryland, possession of a CDS other than marijuana carries a maximum penalty of one year of incarceration and up to a $5000 fine for a first offense. Subsequent offenses can increase the jail time to 18 months or two years. Probation terms can be long and stringent. Offenders are often subjected to random testing, participation in time-consuming and expensive drug treatments, and other conditions that can be difficult to follow perfectly. Any slip-up, such as a positive drug test, can result in a violation of probation, which will then most often result in more jail time and a permanent criminal record. 

Additionally, employment and housing can be impacted by these charges. Many employers are reluctant to hire people with drug convictions, viewing these charges as indicators of someone being unpredictable and untrustworthy. Drug offenders can face lifetime bans from public housing authorities, being screened out from housing applications, and even being evicted for using drugs. 

With new laws, possession of up to 1.5 ounces of marijuana for personal use carries no penalty. However, marijuana possession of 1.5-2.5 ounces can result in a civil offense with a fine not exceeding $250. Public consumption of marijuana can result in civil fines up to $500.  

Marijuana possession in Maryland can still result in criminal charges. Possession of between 2.5 ounces and less than 50 pounds of marijuana is a misdemeanor and can result in up to one year of incarceration and a fine of up to $1000. Possession of over 50 pounds of marijuana has a minimum sentence of 5 years and a fine of up to $100,000.  

Silverman Thompson’s team of former state and federal prosecutors has handled thousands of these cases on both sides of the aisle over the past 30-plus years.    

Unlike most criminal firms who file only boilerplate motions to suppress in all drug cases, the criminal team at Silverman Thompson researches and drafts detailed motions to suppress evidence tailored to the specific facts of your case, even in many simple possession cases. 

As former prosecutors, we are also intimately aware of the procedures and strategies that assistant state’s attorneys and federal prosecutors will use to try to gain convictions.  This “inside” knowledge can be the difference between a successful defense and an unsuccessful one. These cases require knowledgeable and aggressive representation and that is what we will provide to you at Silverman Thompson. 

The criminal defense team at Silverman Thompson is committed to providing our clients with the highest standard of defense. If you or a loved one requires defense in a case regarding drug-related matters, please contact us toll-free at 800-385-2243 for a free consultation.