If you have been arrested and are facing drug charges here in Calvert County, Maryland, you are going to need the help of experienced Maryland criminal defense attorneys to maximize your chances of getting an acquittal from the jury or otherwise avoiding jail time. An example is the change of drug possession, which carries various incarceration terms. However, in many cases, treatment can be ordered instead of jail.

Under the Criminal Code, section 5-601, it is a crime to “possess or administer to another a controlled dangerous substance…” There are exceptions for medical providers and for possession of small amounts of cannabis/marijuana. Under subsection (c)(1), the penalties for criminal drug possession are:

• For a first conviction, imprisonment of up to one year and/or a fine of up to $5,000
• For a second or third conviction, imprisonment of up to 18 months and/or a fine of up to $5,000
• For a fourth or subsequent conviction, imprisonment of up to two years and/or a fine of up to $5,000

However, the same statute provides that probation and treatment alternatives must be considered at sentencing when a defendant is convicted of drug possession. Under subsection (e), before imposing a sentence, the criminal court judge is allowed to ask the Maryland Department of Health for:

• A drug abuse, addiction, and/or disorder assessment and
• For a determination/opinion as to whether the convicted defendant is in need of and may benefit from drug treatment

Note that the judge is not REQUIRED to seek this assessment and opinion. But note also that the assessment/opinion may be requested by the defendant and, if the request is denied, the judge must provide detailed reasons for the denial. It is a small procedural step for the judges, but it is enough to provide the judges with an incentive to ask for the assessment and opinion. Here is an example where having talented attorneys can make a huge difference. Attorneys without deep experience in drug possession cases may not realize that this request must be made.

In any event, after receiving the assessment and opinion, the court has two options: to suspend the sentence and order probation and treatment, OR impose the sentence but also order treatment by the Division of Corrections or by the local correctional facility where the defendant is to serve his or her sentence. So, as can be seen, treatment is a possibility that avoids jail time if you are charged with drug possession.

The above discussion is important to consider if you have been charged with possession with the intent to distribute. One goal of plea bargaining in such a case would be to negotiate the charges down to simple drug possession. Possession with intent to distribute (“PWID”) is mostly about quantity. Indeed, Section 5-602 makes it a crime to “… possess a controlled dangerous substance other than cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense …” Punishments are much more severe if you are convicted of PWID:

• For a first conviction, imprisonment of up to 20 years and/or a fine of up to $15,000
• For a second conviction, imprisonment of up to 25 years and/or a fine of up to $25,000
• For a third or subsequent conviction, imprisonment of up to 40 years and/or a fine of up to $25,000

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.