Drug charges can be minor misdemeanors or serious felonies, depending on the type of substance, the amount involved, intent to sell, and a person’s criminal history.
If you are facing drug charges, contact a drug lawyer today for an initial consultation. The seasoned criminal defense attorneys at Nguyen Roche Sutton look forward to fighting to protect your rights.
Navigating the criminal justice system in Maryland can be an overwhelming experience, especially when facing drug-related allegations.
Maryland’s drug laws are among the most strictly enforced in the Mid-Atlantic region, categorized by the type of substance involved, the quantity discovered, and the perceived intent of the individual in possession.
Whether you are facing a misdemeanor for simple possession or a high-level felony for trafficking, understanding the legal landscape is the first step toward building a viable defense.
Simple possession is among the most common drug charges someone might face and involves carrying a small amount of a controlled substance for personal use.
In Maryland, “possession” is defined as having actual or constructive care, custody, or control over a substance. This means you do not necessarily have to have the drugs in your pocket to be charged; if they are in your car or a shared living space, the state may argue you had “constructive possession.”
While Maryland has moved toward decriminalizing or legalizing certain amounts of cannabis for personal use, the possession of other controlled dangerous substances (CDS)—such as cocaine, heroin, methamphetamines, or non-prescribed pharmaceuticals—remains a serious criminal offense. A conviction for simple possession can result in a permanent criminal record, significant fines, and potential jail time, depending on the schedule of the drug involved.
Individuals may also face additional charges for possession of drug paraphernalia if they are caught with items meant for drug use.
Under Maryland law, paraphernalia includes a wide array of items used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce a controlled dangerous substance into the human body.
Common examples include:
While often charged alongside possession, a paraphernalia charge is a separate offense that adds further complexity to a defendant’s legal situation.
Possession with intent to distribute (PWID) is a significantly more serious charge than simple possession. It occupies the middle ground between personal use and large-scale trafficking. Prosecutors often look for “indicia of distribution” to upgrade a simple possession charge to PWID.
This occurs when a suspect is found carrying tools or exhibiting behaviors associated with drug sales. Evidence used to support a PWID charge typically includes:
Because PWID suggests a commercial element, the penalties are far harsher than simple possession and often carry mandatory minimum sentences depending on the substance and the defendant’s prior record.
The distinction between distribution and trafficking often comes down to the volume of the substance and the geographic scope of the operation.
Drug distribution charges are applicable when it appears an individual intends to sell or transfer controlled substances locally. This charge focuses on the act of the transaction itself. In Maryland, you can be charged with distribution even if no money changed hands; the mere act of giving a controlled substance to another person constitutes “distribution” under the law.
Drug trafficking is a far more serious felony charge. It involves the importation, transportation, or sale of large quantities of a controlled substance. Specifically, trafficking often involves:
Trafficking convictions in Maryland carry the heaviest penalties in the state’s drug statute, often resulting in decades of imprisonment and massive fines.
Drug distribution and trafficking charges require a comprehensive legal defense. The prosecution must prove beyond a reasonable doubt that the defendant not only possessed the substance but also had the specific intent required for the higher-level charge.
An attorney from Nguyen & Roche could provide personalized legal defense to individuals facing charges of simple drug possession, PWID, or trafficking. A skilled legal team will investigate the circumstances surrounding an offense to determine:
Facing drug charges in Maryland puts your future, your career, and your freedom at risk. It is essential to work with an attorney who can investigate the facts, challenge the state’s evidence, and determine the best path forward for your specific case.
If you have been accused of committing a drug offense, stay as quiet as possible during your arrest and booking. Remain calm, provide law enforcement with your real name, and ask to speak with an attorney.
Maryland police officers, detectives, and other law enforcement officials are allowed to lie during arrests and interviews. For example, they may say something like, “Your partner is in the other room, and they confessed. This is your chance to tell your side of the story.” Because of this, it is always better to remain silent when being questioned and wait for your Owings Mills drug attorney to arrive.
Owings Mills residents are rarely arrested for having drugs in their pockets. Often, these charges stem from an arrest for something else, such as theft, burglary, or traffic violations. A seasoned attorney could help you fight all charges against you.
At Nguyen Roche Sutton, we take pride in being a modern, tech-savvy, paperless team of attorneys and support staff. If you are arrested for drug charges, remain silent and contact an experienced lawyer today for representation. Facing any criminal charge can be overwhelming, but you are not alone.
Owings Mills
500 Redland Ct,, Ste. 212
Owings Mills, MD 21117
Maps & Directions
Phone: (443) 238-0160
(By appointment only)
Baltimore
6 E. Eager Street
Baltimore, MD 21202
Maps & Directions
Phone: (443) 238-0160
(By appointment only)
