Legal Question in Criminal Law in Maryland

Re: Marijuana in Maryland

In Maryland simple possession of marijuana carries a penalty of one year in jail and or a fine of $1000. It is classified as a misdemeanor. Position with intent to sell or the sale of marijuana although technically considered a misdemeanor carries a potential sentence of four years in jail and a $25,000 fine. Art. 27 � 287.

Generally the court will on a first offense grant the defendant "probation before judgment" whereby the finding of guilty is withheld pending a successful completion of a probationary period. After the completion of probation and the expiration of three years, from the date of the offense, an expungement of the arrest and court proceedings can be obtained. In certain counties judges have been known to require 48 hours in jail as a condition of probation or not grant a PBJ.Conditions of probation may include drug testing.

Possession can be either actual (in your hand or pocket) or constructive (on the floor of the car in which you are a passenger). There is no set amount to determine when the quantity of marijuana being possessed is sufficient to indicate a intent to distribute. The court will look to the amount, the way it's packaged and other surrounding circumstances. But generally if it is several grams or less it will be considered simple possession.

A majority of marijuana charges occur after the police have stopped a car for a minor traffic violation and then obtain the consent of the driver or one of the passengers to search the vehicle. With this in mind, when traveling in Maryland, politely refuse to allow the police to search your car. For more information please visit my website at rightverdict.com