In Maryland, you may be charged with drug distribution or possession-with-intent-to-distribute (PWID) if you are found in large possession of drugs, giving away drugs for free, or charging for drugs. Serious consequences can follow, including felony charges, minimum jail time, and thousands of dollars in fines.
Unfortunately, some people claim ignorance of the law when it comes to drug distribution or intent to distribute. Ignorance of the law does not provide protection, however, and even unknowingly possessing or distributing controlled substances unlawfully can lead to a criminal record, felony charges, jail time, and more.
Learn some of the most common circumstances of drug distribution in Maryland and what to do if you’re charged with a drug crime. Speaking with a lawyer ASAP can provide guidance, expertise, and defense strategies for the most positive outcome. Contact Saller Law today if you need a defense lawyer in Baltimore.
Disclaimer: articles on sallerlaw.com are not intended as legal advice and should not be taken as such, please consult an attorney for advice about your individual situation.
Examples of Drug Distribution in Maryland
Not all drug distribution examples below will lead to the same charges, outcomes, or circumstances. However, understanding common scenarios of drug distribution can help you make lawful decisions. If you are ever concerned about criminal activity, contact a lawyer.
Selling Drugs to Another Person
Drug distribution includes the selling of cocaine, heroin, fentanyl, or other controlled substances without legal authorization. Even with marijuana decriminalized and legal for adults over 21 to purchase, there are personal-use limits and quantity restrictions; selling any amount can lead to drug distribution charges.
Giving Drugs to a Friend
Sharing a controlled substance, even without charging money or asking for anything in exchange, can qualify as drug distribution. This applies to heroin, cocaine, fentanyl, prescription drugs, and other controlled substances. Although marijuana is legal for adults over 21 in the state of Maryland, there are small-limit quantities eligible for sharing; if you share an amount of marijuana over this limit, you could be charged with drug distribution.
Possession with Intent to Sell
Large quantities of drugs in your possession may qualify as intent to sell, as the amount of drugs implies distribution vs. personal use. Possession with intent to sell is also based on packaging materials, scales, and evidence of sales. While these items alone do not imply drug distribution, possession-with-intent-to-sell can be argued.
Delivering Drugs
Delivering drugs to another person, whether or not you collect money, exchange services, or set up the sale, still qualifies as drug distribution under Maryland law. You cannot argue that you did not keep the money or that the drugs are not yours. Never accept an offer from someone to deliver drugs to another person.
Illegally Selling Prescription Medication
Prescription medication and otherwise controlled substances can only be distributed to the name on the prescription bottle; these drugs are not yours to otherwise distribute, sell, or give away. Transferring prescription medication to another person, with or without the exchange of money, can be considered drug distribution. This is most common with opioids, stimulants, and ADHD medications.
Drug Sale Facilitation Through Text or Social Media
Drug distribution charges are not limited to in-person sales. If you are facilitating the sale of drugs via text message, social media, or any other smartphone app, you can be charged with drug distribution. While messages alone cannot be enough to warrant a drug distribution charge, they can be used as evidence or as a reason for further investigation.
Using a Minor to Distribute Drugs
Enlisting a minor to distribute drugs or exchange drugs for money will cause additional criminal charges along with drug distribution. Asking a minor to handle the drug exchange for you, set up the exchange on social apps, or any other involvement does not absolve the adult from criminal charges.
Evidence Examined in Drug Distribution Charges
- Drug Quantity: The amount of drugs recovered and whether it is considered personal use or intended for distribution
- Packaging: The presence of individual baggies, capsules, scales, and other packaging materials commonly used in drug sales
- Communications: Any and all communication surrounding the intent to sell drugs, exchange drugs for money, or gift controlled substances away, including but not limited to text messages, social media conversations, and phone calls
- Money: Any cash, transaction records, or payment app activity that relates to drug sales
- Conduct: Observed conduct from witnesses or surveillance cameras of drug distribution activity
Get a Consult for Your Drug Distribution Case
A Baltimore criminal defense lawyer can assist those charged with drug distribution or possession with the intent to sell in Maryland. We examine all evidence and charges to build a defense strategy based on your circumstances. Our approach can help achieve the best possible outcome based on what is presented during the case. Do not go to court alone – trust a criminal defense attorney who is familiar with drug defense in Baltimore and can argue on your behalf.
Frequently Asked Questions
What is considered drug distribution in Maryland?
Drug distribution in Maryland involves unlawfully selling, transferring, or delivering a controlled dangerous substance to another person. A person may face distribution charges even if they did not receive money for the drugs. This applies to illegal drugs, prescription medication, and even quantities of marijuana.
Can you be charged with drug distribution in Maryland without selling drugs?
Yes. Giving drugs to another person, delivering drugs for someone else, or transferring a controlled substance without payment may lead to distribution charges. Having large quantities of controlled substances may also imply intent to distribute.
What is the difference between drug possession and possession with intent to distribute in Maryland?
Drug possession is knowingly possessing a controlled dangerous substance unlawfully. Possession with intent to distribute is possessing drugs with the intent to sell, deliver, or otherwise distribute them, based on drug quantity, packaging, communications, and alleged transactions to establish intent.
How much of a drug do you have to possess to be charged with intent to distribute in Maryland?
Maryland does not have one universal quantity threshold that automatically determines whether someone intended to distribute drugs. Prosecutors may consider the substance’s quantity alongside packaging, communications, cash, and other evidence.
Can you be charged with drug distribution for sharing drugs with a friend in Maryland?
Yes. Sharing or giving a controlled dangerous substance to a friend without receiving payment may qualify as unlawful distribution, even if the controlled substance is a prescribed medication in your name. Cannabis has specific exceptions for certain transfers between adults, subject to legal limits and conditions.
What should you do if you are charged with drug distribution in Maryland?
If you are charged with drug distribution, possession with intent to distribute, or a related drug offense, speak with a Maryland criminal defense attorney as soon as possible. Avoid discussing the allegations publicly or with investigators without first obtaining legal advice. An attorney can review the evidence, assess whether the charges are supported by the facts, and explain potential defenses and consequences. Call Saller Law to schedule your consult.
