Your Rights under the New Marijuana Law in Maryland

What Is Permitted and Prohibited by Maryland’s New Cannabis Law?

Your Rights under the New Marijuana Law in MarylandIn 2022, voters in Maryland passed a referendum to allow the adult use of marijuana in the state. The Maryland General Assembly enacted a statute to govern use, sale and taxation of cannabis and the governor signed the bill into law, with adult use becoming legal effective July 1, 2023. What does the new law allow? What is still illegal in Maryland?

The New Marijuana Law—The Basics

In Maryland, it is now legal for persons aged 21 or older to have in their possession up to 1.5 ounces of marijuana flower, 12 grams of concentrated cannabis or combined cannabis products with no more than 75 grams of THC. Provided you don’t exceed these amounts in your personal possession, any cannabis will be considered “for personal use.” Individuals may not sell cannabis without the proper state license. Furthermore, the personal use of marijuana may not take place in any type of motor vehicle or in any public place, including bars, restaurants, parks, streets and sidewalks. The legalization of marijuana in Maryland does not make its use legal on federal property.

Minors (persons under the age of 21) may not possess cannabis for personal use, but may still obtain medical marijuana. Minors convicted of possessing up to 2.5 ounces of recreational marijuana will typically face fines or be ordered to treatment or educational programming for substance abuse. Possession of more than 2.5 ounces can lead to criminal sanctions.

Proven Prince George’s County Drug Crimes Lawyer

Attorney Jonathan Scott Smith brings more than 40 years of experience to criminal defendants throughout the Baltimore County area and across the state of Maryland. For more than 30 years, he has been consistently received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar. He has been listed among the top 100 lawyers in Maryland listed by SuperLawyers and was designated a Top-Rated Lawyer by The American Lawyer Magazine. He has been the recipient of Martindale-Hubbell’s Client Distinction Award, an honor bestowed upon less than 4% of all lawyers nationwide.

Throughout his years in practice, attorney Smith has successfully protected the rights of individuals facing all types of criminal charges. He will zealously protect your constitutional rights, taking the time to carefully investigate your case and confirm that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll interview all key witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Aggressive Ellicott City Drug Offense Attorney

Contact our office by e-mail or call 410-740-0101 for a free initial consultation. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

The Treatment of Marijuana Under Maryland Law

How Maryland Regulates Possession and Use of Marijuana

The Treatment of Marijuana Under Maryland LawLike all states, Maryland has laws governing the possession of certain controlled substances. However, Maryland has implemented changes over the past few years with respect to the criminalization of marijuana.

Possession of Small Quantities of Marijuana

Under Maryland drug statutes, possession of less than 10 grams is not a criminal offense but is considered a civil wrong, much like a moving violation or traffic ticket. Possession of more than 10 grams (but less than 50 pounds) is charged as a crime, with a maximum penalty of one year of incarceration and a $1,000 fine. Possession of more than 50 pounds of marijuana is considered an intent to distribute and may lead to up to 5 years in prison and up to $100,000 in fines.

Medical Marijuana

Maryland has legalized the use of marijuana for certain medical purposes but requires individuals with a valid prescription to register with the state.

Possession of Marijuana-Related Drug Paraphernalia

A conviction of possession of smoking accessories, such as pipes, papers, and bongs, can result in a year in jail and a $500 fine if prosecutors can show an intent to use with marijuana.

Experienced Maryland Drug Crimes Lawyer

Jonathan Scott Smith, a Maryland SuperLawyer, has protected the rights of criminal defendants in Baltimore and the surrounding communities for more than three decades. Attorney Scott Smith is AV-rated under Martindale-Hubbell’s Peer Review Rating System and has been honored as a Top-Rated Lawyer by The American Lawyer magazine. He’s earned AVVO’s Client’s Choice Award, with the highest rating possible (5 stars) and holds a 10.0 (Superb) rating from AVVO as a trial attorney.

A proven trial lawyer, Jonathan understands the impact a drug conviction can have on many areas of your life. He’ll use his extensive experience, knowledge, and skill to ensure that your constitutional rights were protected. He will carefully review how evidence was obtained in your case, making certain that any search or seizure complied with constitutional guidelines.

Effective Traffic Ticket Attorney in Prince George’s County

To schedule a confidential consultation to discuss your options after being charged with a drug offense, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles drug claims throughout the Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

Controlled Dangerous Substances in Maryland

Maryland Drug Laws | Categories and Penalties

Controlled Dangerous Substances in Maryland In Maryland, as in every state, there are statutes (written laws) that identify what types of substances can be legally possessed, manufactured, distributed, or sold. Maryland takes a more detailed approach to illegal drugs, though, defining them as controlled dangerous substances (CDS) and putting them in five different categories, based on their likelihood to cause addiction/abuse, as well as their acknowledged medical value.

Schedule I Drugs

Drugs deemed to be highly addictive or subject to abuse, and without recognized medical value, are listed in Schedule I. Schedule I drugs include heroin, LSD, ecstasy, and peyote. Conviction of a Schedule I drug offense is punishable by up to 40 years in prison, as well as $100,000 in fines. Marijuana, while technically considered a Schedule I drug, is treated differently, with less serious penalties.

Schedules II-V

The remaining schedules cover all other drugs, from cocaine, opium, meth, and opioids to steroids, sedatives, and even over-the-counter cough suppressants.

Experienced Baltimore County Drug Crimes Attorney

Jonathan Scott Smith, long a Maryland SuperLawyer, has fought to protect the constitutional rights of criminal defendants in the greater Baltimore area and across Maryland for more than three decades. AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System, attorney Smith has also been named a Top-Rated Lawyer by The American Lawyer magazine. He’s received AVVO’s Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 (Superb) rating from AVVO as a trial attorney.

Jonathan knows the impact a drug crimes conviction can have on your life, affecting your reputation and job. He’ll confirm that police followed all required procedures and that all evidence against you was obtained legally. He will verify that there was probable cause for any search, seizure, or arrest, and that you were properly notified of your Miranda rights if taken into custody. He’ll also use his extensive trial experience to protect your rights in court.

Effective Drug Crimes Defense Attorney in Maryland

To schedule a confidential consultation to discuss your options when you are under suspicion or arrested for a drug crime, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles DWI and DUI cases throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101