If you or someone you know is facing drug distribution charges in Maryland, particularly charges involving fentanyl, the stakes could not be higher. Maryland prosecutors are aggressively pursuing drug distribution and possession with intent to distribute cases throughout Southern Maryland, and fentanyl-related charges carry some of the most severe penalties in the state. Understanding what you are up against — and what defenses may be available — is essential.
At SoMD Criminal Defense, we defend clients against drug distribution charges in Charles County, Calvert County, St. Mary’s County, and Prince George’s County. Our attorneys are former prosecutors who know how the State builds these cases and how to challenge them effectively. This guide explains what you need to know about CDS distribution charges, fentanyl-specific penalties, and the defense strategies that can make a difference.
How Maryland Classifies Controlled Dangerous Substances
Maryland follows a schedule-based system for classifying controlled dangerous substances (CDS) under Maryland Criminal Law § 5-402 through § 5-614. The schedules range from Schedule I (the most restricted) to Schedule V (the least restricted), based on the substance’s potential for abuse, accepted medical use, and likelihood of physical or psychological dependence.
Fentanyl is classified as a Schedule II controlled substance in Maryland, meaning it has a high potential for abuse but does have accepted medical uses under strict regulation. However, illegally manufactured fentanyl and fentanyl analogs found on the street are treated with extreme severity by Maryland courts. Other commonly charged substances include heroin (Schedule I), cocaine (Schedule II), methamphetamine (Schedule II), MDMA (Schedule I), and marijuana (which has been partially decriminalized and legalized for adults, though distribution remains illegal without proper licensing).
Possession vs. Possession With Intent to Distribute
There is a critical difference between simple CDS possession and possession with intent to distribute (PWID). simple possession is a misdemeanor in Maryland, carrying a maximum penalty of 4 years in prison for most substances. Possession with intent to distribute, however, is a felony that can carry up to 20 years in prison for a first offense under Maryland Criminal Law § 5-607.
How do prosecutors prove intent to distribute? They look for circumstantial evidence beyond just the drugs themselves. Common indicators that prosecutors use to elevate a simple possession charge to PWID include the quantity of drugs recovered (amounts larger than what would be expected for personal use), the presence of packaging materials such as baggies, vials, or wax paper folds, digital scales or other weighing equipment, large amounts of cash in small denominations, multiple cell phones, customer lists or text message records indicating transactions, and the absence of drug use paraphernalia such as pipes or syringes.
The distinction between actual possession and constructive possession is also critical. Actual possession means the drugs were found on your person. Constructive possession means the drugs were found in an area you had access to or control over, such as a vehicle, a residence, or a shared space. Constructive possession cases are often more difficult for the State to prove and present significant opportunities for the defense.
Fentanyl-Specific Charges and Enhanced Penalties
Fentanyl charges in Charles County and throughout Southern Maryland have increased dramatically in recent years. The Southern Maryland drug task force, which includes officers from the Charles County Sheriff’s Office, the Calvert County Sheriff’s Office, and the Maryland State Police, has made fentanyl enforcement a top priority.
Under Maryland Criminal Law § 5-608, distribution of fentanyl or a fentanyl analog that results in the death of another person can be charged as a separate felony carrying up to 20 years in prison. This “drug-induced homicide” charge has been increasingly used by prosecutors across Southern Maryland when a fentanyl overdose death is linked to a specific distributor.
Even without a death, fentanyl distribution charges carry severe penalties. A first-offense conviction for distribution of a Schedule I or II narcotic carries up to 20 years imprisonment and a fine of up to $25,000. A second offense doubles the maximum penalty to 40 years. If the distribution occurred within 1,000 feet of a school, the penalties are enhanced further.
If you are facing fentanyl or drug distribution charges in Southern Maryland, do not wait to get legal help. The attorneys at SoMD Criminal Defense offer free consultations and can begin building your defense immediately. Contact us today to discuss your case.
The Southern Maryland Drug Task Force
Drug distribution cases in Charles County, Calvert County, and St. Mary’s County are often investigated by multi-agency task forces that combine resources from local, state, and federal law enforcement. These investigations frequently involve confidential informants, controlled buys, wiretaps, surveillance, and GPS tracking.
Task force investigations can last weeks or months before charges are filed. In many cases, the person charged had no idea they were being investigated until the day of their arrest. If you are facing charges that arose from a task force investigation, it is critical that your attorney review every aspect of the investigation, including the reliability of confidential informants, the legality of surveillance and wiretap orders, and the chain of custody for all evidence.
Defenses to Drug Distribution Charges in Maryland
An experienced drug defense attorney can challenge the State’s case in several ways. Attorney Jeremy Widder, a former prosecutor, knows how these cases are built and where they are vulnerable. Common defenses include:
Illegal search and seizure. If law enforcement conducted a search without a valid warrant or without an applicable exception to the warrant requirement, any drugs or evidence found during that search may be suppressed. This is often the most powerful defense in drug cases and can result in charges being dismissed entirely.
Challenging constructive possession. If drugs were found in a shared space — a vehicle with multiple occupants, a home with multiple residents, or a common area — the State must prove that you had knowledge of the drugs and the ability to exercise control over them. Simply being near drugs is not enough.
Lack of intent to distribute. The State must prove beyond a reasonable doubt that you intended to distribute the drugs, not merely possess them for personal use. Your attorney can challenge the State’s circumstantial evidence of intent and present evidence that the drugs were for personal consumption.
Confidential informant reliability. Many drug cases rely on information from confidential informants who may have their own criminal cases pending and a strong incentive to provide information, whether or not it is accurate. Your attorney can challenge the credibility and reliability of these witnesses.
Lab testing challenges. The State must prove that the substance recovered is actually the controlled substance alleged. Your attorney can request independent testing and challenge the State’s lab procedures and chain of custody.
What to Do If You Are Facing Drug Distribution Charges
If you have been charged with drug distribution, possession with intent to distribute, or any fentanyl-related offense in Charles County, Calvert County, St. Mary’s County, or Prince George’s County, take these steps immediately. Contact a criminal defense attorney before speaking with law enforcement. Do not consent to any searches. Do not discuss your case with anyone other than your attorney. Preserve any evidence that may support your defense, including text messages, call records, and receipts.
The attorneys at SoMD Criminal Defense have extensive experience defending drug cases in Southern Maryland. We understand the science, the law, and the local dynamics that affect how these cases are prosecuted. This article provides general legal information and should not be considered legal advice for your specific situation.
Call (301) 818-0389 or contact us online for a free consultation. Listening. Advocating. Protecting.
Frequently Asked Questions About Drug Distribution Charges in Maryland
What is the penalty for drug distribution in Maryland?
A first-offense conviction for distribution of a Schedule I or II narcotic under Maryland Criminal Law § 5-607 carries up to 20 years in prison and a fine of up to $25,000. Second and subsequent offenses carry enhanced penalties. If the distribution resulted in someone’s death, additional charges under § 5-608 can apply, carrying a separate 20-year maximum.
How do prosecutors prove intent to distribute?
Prosecutors rely on circumstantial evidence to prove intent to distribute, including the quantity of drugs, packaging materials, scales, large amounts of cash, multiple cell phones, and text message evidence of transactions. An experienced defense attorney can challenge each of these indicators and argue that the evidence is consistent with personal use rather than distribution.
Can I be charged with drug distribution if the drugs were not found on me?
Yes. Under the legal theory of constructive possession, you can be charged if drugs were found in a location you had access to or control over, even if they were not on your person. However, constructive possession cases are more difficult for the prosecution to prove, and your attorney can challenge whether the State has sufficient evidence to establish your knowledge and control of the substances.
What makes fentanyl charges more serious than other drug charges?
Fentanyl charges carry enhanced penalties because of the substance’s extreme potency and the high risk of fatal overdose. If fentanyl distribution is linked to a death, prosecutors can bring drug-induced homicide charges under Maryland Criminal Law § 5-608. Additionally, law enforcement agencies in Southern Maryland have made fentanyl enforcement a top priority, resulting in aggressive investigation and prosecution of these cases.
Should I cooperate with police during a drug investigation?
You should always be polite and provide basic identification when asked, but you should not answer questions about drugs, your activities, or your associates without an attorney present. Anything you say can be used against you. Do not consent to searches. Contact a drug defense attorney immediately and let them advise you on how to proceed.
