If you have been arrested here in Charles County, Maryland, for possession of drug paraphernalia, you need to hire a good Maryland criminal defense attorney. Possession of drug paraphernalia is still a crime in Maryland despite the decriminalization of personal use of marijuana/cannabis in Maryland. If you have been arrested, call us here at the Law Office of Robert Castro. Our number is (301) 870-1200, or use our contact page. We are Maryland criminal defense attorneys.

What is Drug Paraphernalia in Maryland?

Drug paraphernalia is anything associated with drug distribution, like packaging, or with use. Examples of the former might be small plastic bags for packaging and weighing scales. Examples of the latter might be syringes and glass crack pipes. More specifically, the law defines paraphernalia as something that helps plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled dangerous substance OR something that helps a person inject, ingest, inhale, or otherwise introduce a controlled dangerous substance into the their body (or the body of another).

Note that drug paraphernalia is different and distinct from any sort of drugs themselves. You can be arrested for possession of drug paraphernalia even if no drugs are found at the location. Note also that it is still a crime to cultivate marijuana in Maryland. So, paraphernalia related to growing marijuana is still considered criminal.

Maryland Criminal Penalties for Possession of Drug Paraphernalia

Possession, delivery, and sale of drug paraphernalia are criminalized by Maryland Criminal Code § 5-619. Intent is a key element of the crime, but lawmakers decided not to limit the definition of “paraphernalia” to specific objects and things. Rather, prosecutors are free to attempt to prove that a particular thing is drug-related. After all, if used in such a manner, a spoon from the kitchen drawer could be considered drug paraphernalia. Examples of how paraphernalia can be proven:

• Existence of drugs near the “object” at the time of arrest
• Proximity of any drugs in the general area at the time of arrest
• Any drug residue on the “object”
• Eyewitness testimony or other direct evidence that the “object” was used with drugs
• Evidence of prior use of the particular “object”
• Common use of similar “objects” as drug paraphernalia
• Expert opinion about the “object” as drug paraphernalia

Penalties for Possession of Drug Paraphernalia in Maryland

A first offense conviction is considered a misdemeanor that carries a fine of up to $500. Subsequent offenses are classed as felonies and carry jail sentences of up to two years and/or fines of up to $2,000.

Potential Criminal Defenses

The most common defenses challenge any evidence related to intent or challenge whether the object is, in fact, drug paraphernalia.

Maryland Lawmakers Seek to Change the Laws

It is worth noting that Maryland lawmakers are attempting to modify the criminal penalties for possession of drug paraphernalia. See summary here. We’ll see if their efforts bear fruit.

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 2670 Crain Highway, Waldorf, MD 20601.