# § 26-7 Considerations.

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## § 26-7 Considerations.

Balt., Md., Code art. 19, § 26-7 (2026)

(a) A “known unlawful drug user, possessor, or seller” is:

  (1) a person who has, within the knowledge of the arresting officer, been:

    (i) convicted in any court of any violation of a referenced provision of the referenced state code involving the regulation, use, possession, purchase, or sale of any of the substances referred to therein; or

    (ii) convicted of violating a substantially similar provision of federal law or such law of any other jurisdiction;

  (2) a person who displays physical characteristics of drug intoxication or usage, such as dilated pupils, glassy eyes, or “needle tracks”; or

  (3) a person who possesses drug paraphernalia as defined in <cite data-doc="Md. Code" data-path="27|287A">Article 27, § 287A of the Maryland Code</cite>.

(b) In making a determination that a person is loitering about or remaining in any public way, public place, or place open or legally accessible to the public within a certified drug-free zone, as herein provided, for the purpose of engaging in prohibited drug-related activity, the totality of the circumstances involved shall be considered.

(c) Among the circumstances which may be considered in determining whether such purpose is manifested are:

  (1) the conduct of the person being observed, including by way of example only, that such person is behaving in a manner raising a reasonable belief that the person is engaging or is about to engage in illegal drug activity such as:

    (i) the observable distribution of small packages to other persons;

    (ii) the receipt of currency for the exchange of a small package;

    (iii) operating as a “lookout”;

    (iv) warning others of the arrival of police;

    (v) fleeing without other apparent reason upon the appearance of a police officer;

    (vi) concealing himself or herself or any object which reasonably may be connected to unlawful drug-related activity; or

    (vii) engaging in any other conduct normally associated by law enforcement agencies with the illegal distribution or possession of drugs;

  (2) information from a reliable source indicating that the person being observed routinely distributes illegal drugs within the drug-free zone;

  (3) information from a reliable source indicating that the person being observed is currently engaging in illegal drug-related activity within the drug-free zone;

  (4) such person is physically identified by the officer as a member of a “gang” or association which engages in illegal drug activity;

  (5) such person is a known unlawful drug user, possessor, or seller;

  (6) such person has no other apparent lawful reason for loitering or remaining in the  drug-free zone (e.g., such as waiting for a bus or being near one’s own residence);

  (7) any vehicle involved in the observed circumstances is registered to:

    (i) a known unlawful drug user, possessor, or seller; or

    (ii) a person for whom there is an outstanding arrest warrant for a crime involving drug-related activity.

*History: Ord. 89-375*

*History: Ord. 90-561A*