What is the maximum sentence for drug possession in Maryland?

Under Md. Code, Crim. Law § 5-601 (Misdemeanor), Maryland drug possession carries a maximum sentence of 4 years (most CDS); 1 year (marijuana 10g-2.5oz) and a maximum fine of $25,000 (most CDS); $1,000 (marijuana 10g-2.5oz).

Does Maryland have a mandatory minimum for drug possession?

Maryland does not impose a blanket mandatory minimum for simple drug possession. Specific charges or enhancements may carry their own minimums.

What factors enhance a drug possession charge in Maryland?

In Maryland, drug possession penalties can be enhanced by: Prior drug convictions; Possession near a school (§ 5-627).

Maryland Drug Possession Law

Maryland Drug Possession Defense

What you're facing under Md. Code, Crim. Law § 5-601, how the penalties scale, and the questions your attorney needs to answer, specific to Maryland (MD) law.

Offense Class

Misdemeanor

Maximum Penalty

4 years (most CDS); 1 year (marijuana 10g-2.5oz)

Maximum Fine

$25,000 (most CDS); $1,000 (marijuana 10g-2.5oz)

Penalty Range in Maryland

StatuteMd. Code, Crim. Law § 5-601 — Possession of Controlled Dangerous Substance

Minimum Penalty

Maximum Penalty4 years (most CDS); 1 year (marijuana 10g-2.5oz)

Maximum Fine$25,000 (most CDS); $1,000 (marijuana 10g-2.5oz)

Charge Enhancements

These factors can elevate the charge or penalty in Maryland:

Prior drug convictions
Possession near a school (§ 5-627)

Maryland-Specific Detail

Maryland decriminalized marijuana under 10g (civil citation). 10g-2.5oz is a misdemeanor. Over 2.5oz may trigger intent to distribute charges.

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Important: This page provides legal INFORMATION about Maryland drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.