A person may not possess a controlled dangerous substance (CDS) unless obtained by a valid prescription or from a doctor, dentist, veterinarian, scientific investigator, or other licensed individual permitted to distribute, dispense, administer, or conduct research on a controlled dangerous substance in the course of their professional practice.
To be convicted of possessing a controlled dangerous substance, the State must prove that a defendant knowingly possessed the substance; knew the illegal nature of the substance; and that the substance was, in fact, a controlled dangerous substance such as marijuana or cocaine.
Possession means having control of the item. However, more than one person may have control over an item. A person not in possession may still be considered to have indirect possession if the person has an ownership or possessory interest in the place where the substance was found. Furthermore, any indications that the defendant was participating with others in the use of the substance may constitute possession.
Possession with the intent to distribute, in addition to the above, requires the State to prove that a defendant intended to distribute some or all of the CDS. Distribute means to sell, exchange, transfer, or give away. No specific quantity is required to find intent to distribute. Rather, it may be found from the possession of a quantity, that when considered with other circumstances in the case, there is a reasonable indication that the defendant intended to distribute a controlled dangerous substance. The Maryland Courts will consider the type of drug and its potency when considering whether the person intended to distribute the CDS. For example, a charge of possession with intent to distribute is more likely to stand with ounce of cocaine as opposed to an ounce of marijuana. The Maryland Courts also consider how the drugs are packaged. If the defendant had the marijuana contained in multiple small bags that is an indication that the drugs were for sale as opposed to fore personal use. If the defendant had a large amount of cash in increments that suggested multiple sales then the charge of possession with intent to distribute is more likely to be sustained.
Possession of Drug Paraphernalia - to be convicted, the State must prove that the defendant used, or possessed with the intent to use, drug paraphernalia. Drug paraphernalia includes any equipment or materials used or intended for use in manufacturing, packaging, storing, concealing, or introducing into the human body a controlled dangerous substance. Possession of paraphernalia is a fine only offense the first time around, without incarceration. Individuals subsequently convicted risk incarceration up to two years and/or a fine up to $2,000.
Bowie criminal defense attorney, Maria Patterson, handles drug possession cases in Prince George's, Anne Arundel, Montgomery, Charles, and Calvert Counties. Maria Patterson routinely handles District Court and Circuit Court matters in Upper Marlboro and Annapolis, Maryland. If you have been charged with a drug possession crime please call lawyer Maria Patterson at 301-383-1525 for a consultation at the Bowie office of Reinstein, Glackin, Patterson & Herriott in Prince George's County. Reinstein, Glackin, Patterson & Herriott is conveniently located on Melford Boulevard, which is an exit off of the intersection of Route 50 and Route 301.
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Bowie Criminal lawyer, Maria Patterson is Of Counsel to Reinstein, Glackin, Patterson and Herriott. Maria Patterson handles criminal cases in Prince George's, Montgomery, Anne Arundel, Calvert and Charles Counties. Criminal defense lawyer, Maria Patterson represents clients in Bowie, Crofton, Deale, Edgewater, Silver Spring, Riverdale, Forestville, Annapolis, Severna Park, Rockville, La Plata, Waldorf, Port Tobacco, Clinton, Upper Marlboro, Landover, New Carrolton, Oxon Hill, Davidsonville, Gambrills, and Odenton.