Legal Question in Criminal Law in Maryland

I am under the age of 21 and live in Maryland. I have been growing salvia divinorum (a drug that is currently legal) in my backyard and selling it to a local tobacco shop. Supposedly on June 1st they are going to pass a law making the possession of salvia divinorum illegal for anyone under the age of 21. Will that make it illegal for me to grow salvia divinorum even though I don't actually use it and I don't distribute it to people under 21?


Asked on 5/02/10, 8:36 am

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

Yes. The new law, which takes effect 6/1/10, prohibits possession by or distribution to a person, who is under 21. The first offense carries a $300 fine, second offense a $1,000 fine, and thereafter $3,000 per offense. In addition, some localities including Worcester Co., have local ordinances that prohibit salvia.

Possession requires the exercise of dominion and control, which means that if contraband is on your person, in your things, or in your home, you presumptively possess it.

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Answered on 5/07/10, 8:53 am


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