Maryland Sale of a Controlled Substance: Penalties for Selling Drugs

All states regulate and control the sale of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for sale. Maryland classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.

This article discusses the manufacture and sale of CDS only. Possessing CDS for personal use carries different penalties. For more information on possession of CDS for personal use, see Possession of Controlled Substances in Maryland.

Also, while marijuana is considered a CDS, this article does not cover Maryland’s marijuana possession and sale laws. To learn more about that topic, see Maryland Marijuana Laws.

How Maryland Classifies CDS

Maryland divides CDS into five “schedules.” Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, and V decrease in dangerousness and probability of abuse; and increase in recognized medical uses.

These schedules are also used to determine the applicable penalties for illegally possessing specific CDS (described in the next section). If you’ve been arrested for illegal CDS possession, you’ll need to consult the Maine Code that lists precisely which drugs fit into each group. Go to the statute (Md. Ann. Code. § 5-402, 5-403, 5-404, 5-405, & 5-406.) and find the substance you're charged with possessing -- it will be listed under one of the five Schedules.

Penalties for Making or Selling CDS

It is illegal in Maryland to make, sell, or possess CDS with the intent to do these things; with few exceptions, such as a doctor who legally prescribes a prescription medication. Penalties vary according to the Schedule of the CDS involved. (Md. Ann. Code. § 5-602.)

Schedule I and II narcotic substances

Making, selling, or possessing Schedule I or II Narcotic CDS with the intent to do those things incurs a fine of up to $25,000, up to 20 years in prison, or both. Second convictions incur a fine of up to $100,000, at least ten years in prison, or both. Third convictions incur a fine of up to $100,000, at least 25 years in prison, or both. Fourth convictions incur a fine of up to $100,000, at least 40 years in prison, or both. (Md. Ann. Code. § 5-608.)

Schedule I and II hallucinogenic substances

Making, selling, or possessing a Schedule I or II hallucinogenic CDS with the intent to do those things incurs a fine of up to $20,000, up to 20 years in prison, or both. Second convictions incur a fine of up to $100,000, at least ten years in prison, or both. Third convictions incur a fine of up to $100,000, at least 25 years in prison, or both. Fourth convictions incur a fine of up to $100,000, at least 40 years in prison, or both. (Md. Ann. Code. § 5-609.)

Schedule III, IV, and V substances

Making, selling, or possessing a Schedule III, IV, or V CDS with the intent to do those things incurs a fine of up to $15,000, up to five years in prison, or both. Second and subsequent convictions incur a fine of up to $15,000, at least two (and up to five) years in prison, or both. (Md. Ann. Code. § 5-607.)

Talk to an Attorney

CDS manufacture or sale convictions incur both heavy fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.