What Are the Penalties for a First-Time Drug Offense?

What Are the Penalties for a First-Time Drug Offense in Upper Marlboro, MD?

Maryland uses the same classification system for drugs as the federal government, and that means drugs are divided into what’s known as “schedules.” Schedule 1 drugs are those that have no medical use and are easy to abuse, such as heroin and ecstasy. Schedule II drugs are considered to have a lot of potential for abuse but do have a recognized medical use. Drugs in this category would include OxyContin and Vicodin, for example.

While marijuana is technically considered a Schedule 1 drug, it does have different rules that recognize some of the complex discussions we are having nationally and as a state surrounding this drug and how it should be used.

First-Time Offense Penalties (Excluding Marijuana)

If you have any Schedule 1 or 2 drug other than marijuana, you can be charged with either a misdemeanor or a felony. It will depend on how much of the drug you have. With a misdemeanor charge, even if this is your first, you could see a fine of up to $25,000 and be given as much as four years in prison. If you had more than the allowed amount, then it becomes a felony, and you can be punished with a fine of up to $50,000 and as much as 25 years in prison. With cocaine, for example, the limit is 28g: under 28g, and it’s a misdemeanor; over 28g, and it’s a felony.

First-Time Marijuana Offense

Maryland has decriminalized the possession of small amounts of marijuana, which means having 10g or less is now a civil offense, sort of like getting a parking ticket. The usual punishment is a fine of not more than $100, but be aware that the fines get bigger the more times you’re ticketed.

But if you have more than 10g of weed, you can still be charged with a misdemeanor or felony. For more than 10g, the possible prison sentence is one year, and the fine is up to $1,000, though if you have a legitimate medical condition for which marijuana can be useful, this could go a long way towards mitigating the severity of the sentence.

Talk to a Criminal Defense LAwyer

If it’s your first time being charged with a drug offense, contact us at the Farmer and Klopfer Law Firm in Upper Marlboro or Waldorf, MD today. Even a first-time charge is nothing to play around with, and we can help you challenge the evidence, negotiate a plea deal, or represent you in court if necessary.

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