Maryland Drug Crime Defense: Possession With Intent to Distribute

One of the more serious drug crimes in Maryland is possession with intent to distribute. The crime applies to any type of drug, such as cocaine, methamphetamine, heroin, and even cannabis, even though possession of cannabis in small amounts is legal in Maryland. It is still a crime to distribute marijuana.

If you are charged with possession with intent to distribute, unless the drug is cannabis, you will also be charged with unlawful possession. There are only two criminal elements that must be proven by the prosecuting attorneys for possession with intent: possession and intent. You will be charged with two crimes because, generally speaking, possession is a crime, and the “with intent” crime is built on top of the possession crime.

Punishments

The standard possible punishments for possession of a controlled dangerous substance with intent to distribute are up to five years incarceration and a fine of up to $15,000. Md. Crim. Code, § 5–607(a)(1). If the controlled substance is a Schedule I or Schedule II narcotic drug, then the possible term of incarceration increases to 20 years. Md. Crim. Code, § 5–608.

For possession of cannabis with an intent to distribute, the possible punishments are up to five years incarceration and a fine of up to $15,000. Md. Crim. Code, § 5–607(a)(1) and (2).

For possession with intent in a school zone, the possible punishments increase to 20 years, and the possible fine increases to $20,000. A “school zone” is any place within 1,000 feet of a school-owned property, regardless of whether the school is open. Md. Crim. Code, § 5-627.

In addition to these punishments, the court may order a person convicted of possession with intent to distribute to pay restitution for actual costs reasonably incurred in cleaning up or remediating laboratories or other facilities operated for the illegal manufacture of a controlled dangerous substance.

What Does “Intent to Distribute” Mean?

Maryland criminal law does not provide an explicit definition for “intent to distribute.” Rather, intent to distribute is determined — as a factual matter — based on the surrounding circumstances. A presumption of intent can be found based on the quantity of the dangerous controlled substances. For example, intent can certainly be inferred from a defendant’s possession of 500 pounds of cocaine. Other circumstantial evidence of intent can be determined from such things as packaging for the drugs, scales and weighing devices, machinery used to package smaller sale quantities of the substance or to combine or distill the substance, large quantities of cash, statements made by the defendant, witnesses, etc.

Potential Criminal Defenses to Charges of Possession With Intent to Distribute

The most common defenses challenge the government’s evidence with respect to the intent element. This might be as simple as arguing that the substance was for personal use. That can be a successful defense when smaller quantities are involved. This defense is less viable for very large quantities. Other potential defenses include:

• No possession — the substances were owned/possessed by someone else
• Illegal searches or seizures — these are constitutional-based defenses arguing lack of valid warrants, lack of probable cause, improper execution of warrants, etc.
• Violation of law enforcement procedures — such as lack of proper chain of custody
• And more

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is