If you’re facing drug-related charges in Maryland, it’s important to understand the difference between drug possession and drug distribution. These offenses carry very different penalties—and knowing what you’re up against can help you make informed decisions about your defense.
At Southern Maryland Criminal Defense, we represent individuals throughout Charles County, St. Mary’s County, Calvert County, and Prince George’s County who are accused of drug crimes. Here’s what you need to know.
What Is Drug Possession in Maryland?
Drug possession means having a controlled substance for personal use. This includes:
- Having drugs on your person (in your pocket, bag, etc.)
- Having drugs in your home, car, or somewhere you control (called constructive possession)
- Possessing paraphernalia like pipes or baggies
Common charges:
- Simple possession of substances like marijuana (over 2.5 oz), cocaine, heroin, fentanyl, MDMA, or prescription drugs without a valid prescription.
Penalties for Possession (Md. Code, Crim. Law § 5-601):
- Misdemeanor
- Up to 1 year in jail and/or a $5,000 fine
- For repeat offenses or more serious drugs, the sentence can increase
Even a misdemeanor conviction can carry lifelong consequences, including loss of employment, housing, or educational opportunities.
What Is Drug Distribution in Maryland?
Distribution involves selling, delivering, or intending to sell or distribute drugs. You can be charged even if no sale took place—as long as the prosecution believes you intended to distribute.
Key indicators of distribution:
- Large quantity of drugs
- Packaging materials (baggies, scales)
- Large amounts of cash
- Communications or surveillance suggesting sale
Penalties for Distribution (Md. Code, Crim. Law § 5-602):
- Felony
- Up to 20 years in prison and/or $15,000 in fines
- Enhanced penalties apply for:
- Volume dealers (Md. Code, Crim. Law § 5-612)
- Distribution near a school (Md. Code, Crim. Law § 5-627)
- Repeat offenders (Md. Code, Crim. Law § 5-905)
How Prosecutors Decide Between Possession and Distribution
The difference often comes down to intent. Police and prosecutors look at:
- Quantity: Small amounts suggest personal use; larger amounts suggest intent to distribute.
- Packaging: One bag = likely possession; many small bags = likely distribution.
- Statements: Admissions or texts about sales can be used as evidence.
- Tools: Digital scales, ledgers, or large sums of cash point to distribution.
What If You’re Charged with Both?
It’s common to be charged with both possession and distribution, especially if you’re caught with a moderate amount of drugs and packaging materials. However, your defense attorney may be able to negotiate the charges down to possession or seek a dismissal depending on the facts.
Defending Drug Charges in Southern Maryland
At Southern Maryland Criminal Defense, we regularly defend clients facing drug charges in La Plata, Leonardtown, Upper Marlboro, and Prince Frederick. Common defense strategies include:
- Challenging the legality of a search or seizure
- Questioning whether you knew about the drugs
- Arguing lack of intent to distribute
- Negotiating treatment-based alternatives for first-time offenders
Get a Local Criminal Lawyer Who Knows Maryland Drug Laws
If you’ve been arrested for drug possession or drug distribution in Southern Maryland, don’t wait. The penalties are serious, but an experienced defense lawyer can make a difference.
📞 Call Southern Maryland Criminal Defense today to schedule your confidential consultation.
