In Maryland, narcotics and drug crimes are governed by the various controlled substances statutes. Generally speaking, drugs are listed on “schedules” that identify the drug/medication on two main criteria:

• The degree to which the drug is subject to abuse/addiction and
• Whether there is any approved medical use for the drug

Generally, any drug/medication that is very highly addictive will be the most controlled and, thus, the most criminalized. The less potential a drug or substance has to cause addiction, the lower the drug will appear on the classifications/schedules. Maryland law does not generally criminalize possession, sale, and use of drugs with low potential for abuse. Aspirin is a good example of a drug with low potential for abuse (and a medically approved use).

If a highly addictive drug has an approved medical use — such as morphine — the drug will still be highly controlled (and criminalized), but Maryland’s criminal law statutes will have exceptions for medical use.

Under Maryland’s controlled substances laws, the schedules and classifications align with those used by the federal government, with a couple of exceptions. However, cannabis/marijuana is not an exception. Marijuana is still a Schedule I drug under both federal and Maryland law. The process of legalizing personal use of marijuana in 2022-23 did not reclassify marijuana. Rather, affirmative defenses were created where possession and use of small quantities were made exceptions to the general criminalization of Schedule I drugs. See here.

Maryland drug schedules

Commonly, drugs are given one of five classifications. These are called “schedules” under Maryland criminal law. These schedules are:

Schedule I — Drugs with a high potential for abuse/addiction and no medically acceptable use — examples include marijuana, heroin, LSD, and ecstasy; for the full list, see here
II — Drugs with a high potential for abuse/addiction and some medically acceptable use — cocaine, meth, fentanyl, opium, Oxycodone, Vicodin are examples
III — Drugs with only a moderate potential for abuse/addiction; often available with a doctor’s prescription, but over the counter — anabolic steroids are an example
IV — Drugs with a low potential for abuse/addiction; often available over the counter — cold medications like cough syrup, sleep aids, and Valium are examples; they can be abused, but the potential is low
V — Drugs have almost no potential for abuse; widely available over the counter, aspirin is a good example

Punishments and penalties

Under Maryland criminal law, the higher a drug is listed on the schedules, then, generally, the more severe sentencing and fines that can be imposed for a drug conviction. That is, the potential incarceration terms and fines are higher for crimes involving Schedule I drugs than for Schedule II drugs, etc. Other factual issues that impact sentencing and financial penalties include:

• Quantify — the higher the quantity of drugs involved, the higher the potential sentence and/or fine
• Prior offenses and criminal record (if any)
• The type of alleged crime — that is, use, possession, minor sale, trafficking, or manufacture

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 11701 Central Avenue, Suite 200, Waldorf, MD 20601.