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Maryland Marijuana Laws
The state of Maryland currently makes it illegal for non-medical or recreational users of the drug marijuana to posses, sell, cultivate, or use the drug. Medical users of the drug, if arrested, must be able to prove that using the drug is of utmost importance to their medical condition, whatever it might be. Anyone charged with a marijuana offense in the state of Maryland should consult a marijuana attorney prior to arraignment. If a marijuana lawyer cannot be afforded by the offender then a court-appointed counsel should be provided. On the Maryland list of top 10 cash crops, the drug marijuana appears at five. Between the years of 1995 and 2002 there have been over 136,800 arrests for the possession, use, sale, or cultivation of the drug marijuana.
Medical Marijuana Users
The state of Maryland legalized, to some extent, the use of the drug
marijuana for medical purposes in the year 2003. A patient should be examined
by a licensed physician, who will then recommend marijuana treatment. If the
patient agrees, the doctor will then have to provide the patient with written
proof for needing marijuana as a medical treatment. The doctor can prescribe
marijuana for pain relief, nausea, spasticity, glaucoma, and movement
disorders. Doctors can face the suspension and revocation of their license if
they prescribe the drug to patients that do not need it. If an offender is arrested
on a marijuana offense but can prove it is needed medically the maximum penalty
allowed by law is a $100 fine.
Non-Medical Users
Currently in the state of Maryland only non-medical users, or recreational users, are considered to be breaking the state’s marijuana laws. The law was changed by the state government in the year 2003 by the state legislature. A medical marijuana affirmative defense law is what was put into action back in 2003.
Penalties for Marijuana Use or Possession in Maryland
|
Possession of any amount |
Misdemeanor |
Penalties include one year and/or a $1,000 fine |
Sale or Cultivation
|
Less than 50lbs |
Felony |
Penalties include five years in prison and/or a $15,000 fine |
|
50lbs or more |
Felony |
Penalties include five years mandatory minimum sentence and/or a $100,000 fine |
|
Within 1,000 feet of a school or school bus |
Felony |
Penalties include 20 years in prison and/or a $20,000 fine |
|
Bringing 5 to 45kg into state |
Felony |
Penalties include 10 years in prison and/or a $10,00 fine |
|
Bringing 45kg or more into state |
Felony |
Penalties include 25 years in prison and/or a $50,000 fine |
Possession or Sale of Marijuana Paraphernalia
|
Paraphernalia possession, use, sale, or advertising (first offense) |
Misdemeanor |
No incarceration but a $500 fine |
|
Paraphernalia possession or sale (second and subsequent offense) |
Misdemeanor or Felony |
Penalties include two years in prison and/or a $2,000 fine |
|
Any second or subsequent conviction can double first offense penalty. |
|
|
Penalties for Driving Under the Influence of Marijuana
The state of Maryland does not employ different laws for driving under the influence of marijuana. Any offender charged with driving under the influence of marijuana will face the same penalties as an offender of the driving while intoxicated laws of the state.
Legal Help with a Marijuana Offense
If you have been charged with a marijuana offense in the state of Maryland then a marijuana attorney should be consulted to develop a defense for the case. Sometimes, Maryland uses alternative sentencing, such as rehabilitation, to punish offenders. A marijuana lawyer will know which plea deals receive which sentences.