A prosecutor can determine that you had intentions to sell marijuana, and subsequently charge and try you, based on a number of factors, including the amount of marijuana present at the time of arrest, and the presence of baggies, scales as well as a high volume of traffic moving in and out of the premises in question.
Charges can be Subjective
However, the charges are highly subjective, providing the foundation on which we will be able to challenge the assertion of intent, subsequently arguing that the charges should, at the most, be downgraded to simple “marijuana possession.” This is important because cultivation, intent to distribute and distribution charges all carry potential sentences that are based on the amount of marijuana that was in your possession at the time of arrest. Because there are always many factors to consider, if you are facing a charge for possession with intent to distribute, send us a message online and tell us about your case. Our criminal defense lawyers can help you understand your options.
Quantity of Marijuana Effects your Charge
In the case in which you are caught with 50 pounds or less, you will face a potential maximum sentence of five years in prison and a $15,000 fine. If you were in possession of more than 50 pounds at the time of arrest, the potential minimum sentence can increase to five years in prison and a maximum fine of $100,000.
Distribution is a Felony Charge
Any distribution charges will be considered a felony. Having a felony conviction on your record has the potential to produce adverse effects, including increased difficulty in securing a job, as well as making it extremely difficult to be approved for an apartment. A useful legal strategy may be to have your lawyer ask for your charge to be lowered to a misdemeanor, if possible To learn more about felony and misdemeanor charges in Maryland, visit:
Penalties for Possession with the Intent to Distribute in Maryland
In Maryland, possession of marijuana of 50 pounds and less, with the intent to distribute, carries a maximum penalty of five years in prison and a maximum fine of $15,000. For the person who is in possession of more than 50 pounds when arrested, the maximum penalty is greater, with the five year maximum becoming a five year minimum. If you are facing a charge, you need legal advice, send a criminal defense lawyer a message online to tell us about your case. We can help you understand your options.
Distribution in a School Zone
The penalty for possessing and distributing or the intent to distribute marijuana in a school zone is significantly greater than similar charges outside of a school zone. The penalty for these crimes inside a school zone or within 1,000 feet of real property that is leased or owned by an elementary of secondary school is considered a felony, and it is punishable by a maximum of 20 years for the first offense, and a $20,000 fine. For each subsequent violation, the penalty becomes more severe with a prison sentence of no less than five years and a maximum of 40 years, in addition to a maximum fine of $40,000. It is important to understand that these specific penalties can be adjudicated in addition with any existing convictions.
For any person who has a previous conviction for possession with the intent to distribute, they could face a mandatory minimum penalty of two years in prison.
For any person who is determined to be a drug kingpin — someone who organizes, supervises, finances, manages or functions as a co-conspirator in the conspiracy to transport, manufacture, or sell a dangerous substance — dealing with more than 50 pounds of marijuana, they will be guilty of a felony and subject to a maximum sentence of not less than 20 years and a maximum of 40 years. This sentence does not provide the possibility of parole, and it also carries a $1 million fine.
Charges Involving Minors
Any time that an adult, in any way, uses a minor as a part of a conspiracy to distribute or manufacture marijuana, the adult party will be guilty of a felony, subjecting them to a maximum penalty of 20 years and a $20,000 fine.
We are Ready to Fight for You!
If you are facing any charge related to the sale or marijuana, it is essential that you contact a criminal defense lawyer. An experienced lawyer can help protect your rights in court and can possibly help you get your charges lowered to a lesser crime or in some situations, dropped entirely. Call Tucker, Nong and Associates today to hear how we can help you. Our attorneys are ready to do everything possible to ensure that your get the best result for your case. Don’t wait – let us start working on your case today.