Except as otherwise provided in this title, a person may not:
possess or administer to another a controlled dangerous substance, unless:
obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or
the controlled dangerous substance is cannabis, the individual is at least 21 years old, and the amount possessed is the personal use amount; or
obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by:
fraud, deceit, misrepresentation, or subterfuge;
the counterfeiting or alteration of a prescription or a written order;
the concealment of a material fact;
the use of a false name or address;
falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or
making, issuing, or presenting a false or counterfeit prescription or written order.
Information that is communicated to a physician in an effort to obtain a controlled dangerous substance in violation of this section is not a privileged communication.
Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to:
for a first conviction, imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both;
for a second or third conviction, imprisonment not exceeding 18 months or a fine not exceeding $5,000 or both; or
for a fourth or subsequent conviction, imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.
Except as provided in subparagraph (ii) of this paragraph, a person whose violation of this section involves the use or possession of cannabis is guilty of a misdemeanor of possession of cannabis and is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
A finding of guilt under this section involving the use or possession of the personal use amount of cannabis by a person under the age of 21 years is a civil offense punishable by a fine not exceeding $100.
A finding of guilt under this section involving the use or possession of the civil use amount of cannabis is a civil offense punishable by a fine not exceeding $250.
In addition to a fine, a court may order a person under the age of 21 years who commits a violation punishable under subsubparagraph 1 or 2 of this subparagraph to attend a drug education program approved by the Maryland Department of Health, refer the person to an assessment for substance abuse disorder, and refer the person to substance abuse treatment, if necessary.
A court that orders a person to a drug education program or substance abuse assessment or treatment under this subsubparagraph may hold the case sub curia pending receipt of proof of completion of the program, assessment, or treatment.
In this paragraph the following words have the meanings indicated.
“Bona fide physician–patient relationship” means a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a patient’s medical condition.
“Caregiver” means an individual designated by a patient with a debilitating medical condition to provide physical or medical assistance to the patient, including assisting with the medical use of cannabis, who:
is a resident of the State;
is at least 21 years old;
is an immediate family member, a spouse, or a domestic partner of the patient;
has not been convicted of a crime of violence as defined in § 14–101 of this article;
has not been convicted of a violation of a State or federal controlled dangerous substances law;
has not been convicted of a crime of moral turpitude;
has been designated as caregiver by the patient in writing that has been placed in the patient’s medical record prior to arrest;
is the only individual designated by the patient to serve as caregiver; and
is not serving as caregiver for any other patient.
“Debilitating medical condition” means a chronic or debilitating disease or medical condition or the treatment of a chronic or debilitating disease or medical condition that produces one or more of the following, as documented by a physician with whom the patient has a bona fide physician–patient relationship:
cachexia or wasting syndrome;
severe or chronic pain;
severe nausea;
seizures;
severe and persistent muscle spasms; or
any other condition that is severe and resistant to conventional medicine.
In a prosecution for the use or possession of cannabis, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.
Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed cannabis because of medical necessity, the court shall dismiss the charge.
In a prosecution for the use or possession of cannabis under this section, it is an affirmative defense that the defendant used or possessed cannabis because:
the defendant has a debilitating medical condition that has been diagnosed by a physician with whom the defendant has a bona fide physician–patient relationship;
the debilitating medical condition is severe and resistant to conventional medicine; and
cannabis is likely to provide the defendant with therapeutic or palliative relief from the debilitating medical condition.
In a prosecution for the possession of cannabis under this section, it is an affirmative defense that the defendant possessed cannabis because the cannabis was intended for medical use by an individual with a debilitating medical condition for whom the defendant is a caregiver.
A defendant may not assert the affirmative defense under this subsubparagraph unless the defendant notifies the State’s Attorney of the defendant’s intention to assert the affirmative defense and provides the State’s Attorney with all documentation in support of the affirmative defense in accordance with the rules of discovery provided in Maryland Rules 4–262 and 4–263.
An affirmative defense under this subparagraph may not be used if the defendant was:
using cannabis in a public place or assisting the individual for whom the defendant is a caregiver in using the cannabis in a public place; or
in possession of more than 1 ounce of cannabis.
The smoking of cannabis in a public place is a civil offense punishable by:
for a first finding of guilt, a fine not exceeding $50; and
for a second or subsequent finding of guilt, a fine not exceeding $150.
The provisions of subsection (c)(2)(ii) of this section may not be construed to affect the laws relating to:
operating a vehicle or vessel while under the influence of or while impaired by a controlled dangerous substance; or
seizure and forfeiture.
Before imposing a sentence under subsection (c) of this section, the court may order the Maryland Department of Health or a certified and licensed designee to conduct an assessment of the defendant for substance use disorder and determine whether the defendant is in need of and may benefit from drug treatment.
If an assessment for substance use disorder is requested by the defendant and the court denies the request, the court shall state on the record the basis for the denial.
On receiving an order under paragraph (1) of this subsection, the Maryland Department of Health, or the designee, shall conduct an assessment of the defendant for substance use disorder and provide the results to the court, the defendant or the defendant’s attorney, and the State identifying the defendant’s drug treatment needs.
The court shall consider the results of an assessment performed under paragraph (2) of this subsection when imposing the defendant’s sentence and:
except as provided in subparagraph (ii) of this paragraph, the court shall suspend the execution of the sentence and order probation and, if the assessment shows that the defendant is in need of substance abuse treatment, require the Maryland Department of Health or the designee to provide the medically appropriate level of treatment as identified in the assessment; or
the court may impose a term of imprisonment under subsection (c) of this section and order the Division of Correction or local correctional facility to facilitate the medically appropriate level of treatment for the defendant as identified in the assessment.
A police officer shall issue a citation to a person who the police officer has probable cause to believe has committed a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis.
A violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis is a civil offense.
Adjudication of a violation under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis:
is not a criminal conviction for any purpose; and
does not impose any of the civil disabilities that may result from a criminal conviction.
A citation issued for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis shall be signed by the police officer who issues the citation and shall contain:
the name, address, and date of birth of the person charged;
the date and time that the violation occurred;
the location at which the violation occurred;
the fine that may be imposed;
a notice stating that prepayment of the fine is allowed, except as provided in paragraph (2) of this subsection; and
a notice in boldface type that states that the person shall:
pay the full amount of the preset fine; or
request a trial date at the date, time, and place established by the District Court by writ or trial notice.
If a citation for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis is issued to a person under the age of 21 years, the court shall summon the person for trial.
The form of the citation shall be uniform throughout the State and shall be prescribed by the District Court.
The Chief Judge of the District Court shall establish a schedule for the prepayment of the fine.
Prepayment of a fine shall be considered a plea of guilty to a Code violation.
A person described in subsection (c)(2) of this section may not prepay the fine.
A person may request a trial by sending a request for trial to the District Court in the jurisdiction where the citation was issued within 30 days of the issuance of the citation.
If a person other than a person described in subsection (c)(2) of this section does not request a trial or prepay the fine within 30 days of the issuance of the citation, the court may impose the maximum fine and costs against the person and find the person is guilty of a Code violation.
The issuing jurisdiction shall forward a copy of the citation and a request for trial to the District Court in the district having venue.
The failure of a defendant to respond to a summons described in subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure Article.
If a person at least 21 years old fails to appear after having requested a trial, the court may impose the maximum fine and costs against the person and find the person is guilty of a Code violation.
In any proceeding for a Code violation under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis:
the State has the burden to prove the guilt of the defendant by a preponderance of the evidence;
the court shall apply the evidentiary standards as prescribed by law or rule for the trial of a criminal case;
the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;
the defendant is entitled to cross–examine all witnesses who appear against the defendant, to produce evidence or witnesses on behalf of the defendant, and to testify on the defendant’s own behalf, if the defendant chooses to do so;
the defendant is entitled to be represented by counsel of the defendant’s choice and at the expense of the defendant; and
the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be:
guilty of a Code violation;
not guilty of a Code violation; or
probation before judgment, imposed by the court in the same manner and to the same extent as is allowed by law in the trial of a criminal case.
The defendant is liable for the costs of the proceedings in the District Court.
The court costs in a Code violation case under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis in which costs are imposed are $5.
The State’s Attorney for any county may prosecute a Code violation under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis in the same manner as prosecution of a violation of the criminal laws of the State.
In a Code violation case under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis, the State’s Attorney may:
enter a nolle prosequi or move to place the case on the stet docket; and
exercise authority in the same manner as prescribed by law for violation of the criminal laws of the State.
A person issued a citation for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis who is under the age of 18 years shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article.
A citation for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis and the official record of a court regarding the citation are not subject to public inspection and may not be included on the public website maintained by the Maryland Judiciary if:
the defendant has prepaid the fine;
the defendant has pled guilty to or been found guilty of the Code violation and has fully paid the fine and costs imposed for the violation;
the defendant has received a probation before judgment and has fully paid the fine and completed any terms imposed by the court;
the case has been removed from the stet docket after the defendant fully paid the fine and completed any terms imposed by the court;
the State has entered a nolle prosequi;
the defendant has been found not guilty of the charge; or
the charge has been dismissed.
A person may not cultivate cannabis plants in a manner that is contrary to this section.
Cannabis plants may not be cultivated in a location where the plants are subject to public view, including a view from another private property, without the use of binoculars, aircraft, or other optical aids.
In this subsection, “reasonable precautions” includes cultivating cannabis in an enclosed locked space to which persons under the age of 21 years do not possess a key.
A person who cultivates cannabis shall take reasonable precautions to ensure the plants are secure from unauthorized access and access by a person under the age of 21 years.
Cannabis cultivation may occur only on property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property.
A person under the age of 21 years may not cultivate cannabis plants.
A person may not cultivate more than two cannabis plants.
If two or more persons at least 21 years old reside at the same residence, no more than two cannabis plants may be cultivated at that residence.
A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Except as otherwise provided in this title, a person may not:
distribute or dispense a controlled dangerous substance; or
possess a controlled dangerous substance other than cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance.
Except as otherwise provided in this title, a person may not possess cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense cannabis.
Possession of the civil use amount of cannabis or the personal use amount of cannabis without other evidence of an intent to distribute or dispense does not constitute a violation of paragraph (1) of this subsection.
In this subsection, “adult sharing” means transferring cannabis between persons who are 21 years of age or older without remuneration.
“Adult sharing” does not include instances in which:
cannabis is given away contemporaneously with another reciprocal transaction between the same parties;
a gift of cannabis is offered or advertised in conjunction with an offer for the sale of goods or services; or
a gift of cannabis is contingent on a separate reciprocal transaction for goods or services.
This section does not prohibit, and no civil or criminal penalty may be imposed for, adult sharing of the personal use amount of cannabis.
Except as otherwise provided in this title, a person may not manufacture a controlled dangerous substance other than cannabis, or manufacture, distribute, or possess a machine, equipment, instrument, implement, device, or a combination of them that is adapted to produce a controlled dangerous substance other than cannabis under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a controlled dangerous substance other than cannabis in violation of this title.
Except as otherwise provided in this title, a person may not cultivate or grow cannabis or manufacture a cannabis product, or manufacture, distribute, or possess a machine, equipment, an instrument, an implement, a device, or a combination of them that is adapted to produce cannabis or a cannabis product under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense cannabis or a cannabis product in violation of this title.
In this subsection the following words have the meanings indicated.
“Adult sharing” has the meaning stated in § 5–602(c)(1) of this subtitle.
“Volatile solvent” means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
“Volatile solvent” includes butane, hexane, and propane.
A person who is at least 21 years old may manufacture a personal use amount of cannabis products or concentrated cannabis for personal use or adult sharing at a private residence if the manufacturing process does not involve the use of a volatile solvent.
In this section, “counterfeit substance” means a controlled dangerous substance, or its container or labeling, that:
without authorization, bears a likeness of the trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the actual manufacturer, distributor, or dispenser; and
thereby falsely purports or is represented to be the product of, or to have been distributed by, the other manufacturer, distributor, or dispenser.
Except as otherwise provided in this title, a person may not:
create or distribute a counterfeit substance; or
possess a counterfeit substance with intent to distribute it.
Except as otherwise provided in this title, a person may not manufacture, distribute, or possess equipment that is designed to print, imprint, or reproduce an authentic or imitation trademark, trade name, other identifying mark, imprint, number, or device of another onto a drug or the container or label of a drug, rendering the drug a counterfeit substance.
“Common nuisance” means a dwelling, building, vehicle, vessel, aircraft, or other place:
resorted to by individuals for the purpose of administering illegally controlled dangerous substances; or
where controlled dangerous substances or controlled paraphernalia are manufactured, distributed, dispensed, stored, or concealed illegally.
A person may not keep a common nuisance.
Except as otherwise provided in this title, a person may not pass, issue, make, or possess a false, counterfeit, or altered prescription for a controlled dangerous substance with intent to distribute the controlled dangerous substance.
Information that is communicated to an authorized prescriber in an effort to obtain a controlled dangerous substance in violation of subsection (a) of this section is not a privileged communication.
Except as provided in paragraph (2) of this subsection and §§ 5–608 and 5–609 of this subtitle, a person who violates a provision of §§ 5–602 through 5–606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both.
A person who violates § 5–602(b)(1) or § 5–603(b) of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
A person convicted under this section is not prohibited from participating in a drug treatment program under § 8–507 of the Health – General Article because of the length of the sentence.
Except as otherwise provided in this section, a person who violates a provision of §§ 5–602 through 5–606 of this subtitle with respect to a Schedule I or Schedule II narcotic drug is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $15,000 or both.
A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 20 years or a fine not exceeding $15,000 or both if the person previously has been convicted once:
under subsection (a) of this section or § 5–609 of this subtitle;
of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle; or
of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–609 of this subtitle if committed in this State.
A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both if the person previously:
has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction:
under subsection (a) of this section or § 5–609 or § 5–614 of this subtitle;
of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle; or
of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–609 of this subtitle if committed in this State; and
has been convicted twice, if the convictions arise from separate occasions:
under subsection (a) of this section or § 5–609 of this subtitle;
of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle;
of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–609 of this subtitle if committed in this State; or
of any combination of these crimes.
A separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime.
A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 40 years or a fine not exceeding $25,000 or both if the person previously has served three or more separate terms of confinement as a result of three or more separate convictions:
under subsection (a) of this section or § 5–609 of this subtitle;
of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle;
of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–609 of this subtitle if committed in this State; or
of any combination of these crimes.
A person convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is not prohibited from participating in a drug treatment program under § 8–507 of the Health – General Article because of the length of the sentence.
A person may not knowingly violate § 5–602 of this subtitle with:
a mixture that contains heroin and a detectable amount of fentanyl or any analogue of fentanyl; or
fentanyl or any analogue of fentanyl.
A person who violates this section is guilty of a felony and, in addition to any other penalty imposed for a violation of § 5–602 of this subtitle, on conviction is subject to imprisonment not exceeding 10 years.
A sentence imposed under this section shall be consecutive to and not concurrent with any other sentence imposed under any other provision of law.
Except as otherwise provided in this section, a person who violates a provision of §§ 5–602 through 5–606 of this subtitle with respect to any of the following controlled dangerous substances is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $15,000 or both:
phencyclidine;
1–(1–phenylcyclohexyl) piperidine;
1–phenylcyclohexylamine;
1–piperidinocyclohexanecarbonitrile;
N–ethyl–1–phenylcyclohexylamine;
1–(1–phenylcyclohexyl)–pyrrolidine;
1–(1–(2–thienyl)–cyclohexyl)–piperidine;
lysergic acid diethylamide; or
750 grams or more of 3, 4–methylenedioxymethamphetamine (MDMA).
A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 20 years or a fine not exceeding $15,000 or both if the person previously has been convicted once:
under subsection (a) of this section or § 5–608 of this subtitle;
of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 of this subtitle;
of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–608 of this subtitle if committed in this State; or
of any combination of these crimes.
A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both if the person previously:
has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction under subsection (a) of this section, § 5–608 of this subtitle, or § 5–614 of this subtitle; and
if the convictions do not arise from a single incident, has been convicted twice:
under subsection (a) of this section or § 5–608 of this subtitle;
of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 of this subtitle;
of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–608 of this subtitle if committed in this State; or
of any combination of these crimes.
A separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime.
A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 40 years or a fine not exceeding $25,000 or both if the person previously has served three separate terms of confinement as a result of three separate convictions:
under subsection (a) of this section or § 5–608 of this subtitle;
of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 of this subtitle;
of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–608 of this subtitle if committed in this State; or
of any combination of these crimes.
A person convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is not prohibited from participating in a drug treatment program under § 8–507 of the Health – General Article because of the length of the sentence.
Notwithstanding any other provision of law and subject to subsection (c) of this section, a person who is serving a term of confinement that includes a mandatory minimum sentence imposed on or before September 30, 2017, for a violation of §§ 5–602 through 5–606 of this subtitle may apply to the court to modify or reduce the mandatory minimum sentence as provided in Maryland Rule 4–345, regardless of whether the defendant filed a timely motion for reconsideration or a motion for reconsideration was denied by the court.
The court may modify the sentence and depart from the mandatory minimum sentence unless the State shows that, giving due regard to the nature of the crime, the history and character of the defendant, and the defendant’s chances of successful rehabilitation:
retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and
the mandatory minimum sentence is necessary for the protection of the public.
Except as provided in paragraph (2) of this subsection, an application for a hearing under subsection (a) of this section shall be submitted to the court or review panel on or before September 30, 2018.
The court may consider an application after September 30, 2018, only for good cause shown.
The court shall notify the State’s Attorney of a request for a hearing.
A person may not file more than one application for a hearing under subsection (a) of this section for a mandatory minimum sentence for a violation of §§ 5–602 through 5–606 of this subtitle.
In addition to any other penalty provided by law, a person who is convicted or found to have committed a delinquent act under § 5-602, § 5-603, § 5-604, § 5-605, or § 5-606 of this subtitle may be ordered by the court to pay restitution for actual costs reasonably incurred in cleaning up or remediating laboratories or other facilities operated for the illegal manufacture of a controlled dangerous substance.
If the person convicted or found to have committed a delinquent act is a minor, the court may order the minor, the minor’s parent, or both to pay the restitution described in subsection (a) of this section.
A person may not manufacture, distribute, dispense, or possess:
50 pounds or more of cannabis;
448 grams or more of cocaine;
448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of cocaine;
448 grams or more of cocaine base, commonly known as “crack”;
28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
28 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
5 grams or more of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration;
28 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration;
1,000 dosage units or more of lysergic acid diethylamide;
any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;
16 ounces or more of phencyclidine in liquid form;
448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of phencyclidine;
448 grams or more of methamphetamine; or
448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of methamphetamine.
For the purpose of determining the quantity of a controlled dangerous substance involved in individual acts of manufacturing, distributing, dispensing, or possessing under subsection (a) of this section, the acts may be aggregated if each of the acts occurred within a 90–day period.
Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of a felony and on conviction shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000.
The court may not suspend any part of the mandatory minimum sentence of 5 years.
Except as provided in § 4–305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.
A person who violates subsection (a)(1) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $50,000 or both.
Notwithstanding any other provision of law and subject to subsection (c) of this section, a person who is serving a term of confinement that includes a mandatory minimum sentence imposed on or before September 30, 2017, for a violation of § 5–612 or § 5–613 of this subtitle involving less than 448 grams of cocaine base may apply to the court to modify or reduce the mandatory minimum sentence as provided in Maryland Rule 4–345, regardless of whether the defendant filed a timely motion for reconsideration or a motion for reconsideration was denied by the court.
The court may modify the sentence and depart from the mandatory minimum sentence unless the State shows that, giving due regard to the nature of the crime, the history and character of the defendant, and the defendant’s chances of successful rehabilitation:
retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and
the mandatory minimum sentence is necessary for the protection of the public.
Except as provided in paragraph (2) of this subsection, an application under subsection (a) of this section shall be filed with the court or review panel on or before September 30, 2026.
The court may consider an application filed after September 30, 2026, only for good cause shown.
The court shall notify the State’s Attorney of the filing of an application.
A person may not file more than one application under subsection (a) of this section for a mandatory minimum sentence for a violation of § 5–612 of this subtitle involving less than 448 grams of cocaine base.
The court shall hold a hearing on an application filed under subsection (a) of this section.
In this section, “drug kingpin” means an organizer, supervisor, financier, or manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance.
Except as provided in paragraph (2) of this subsection, a drug kingpin who conspires to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance in an amount listed in § 5–612 of this subtitle is guilty of a felony and on conviction is subject to imprisonment for not less than 20 years and not exceeding 40 years without the possibility of parole or a fine not exceeding $1,000,000 or both.
A court may not suspend any part of the mandatory minimum sentence of 20 years.
The person is not eligible for parole during the mandatory minimum sentence.
A drug kingpin who conspires to manufacture, distribute, dispense, transport in, or bring into the State cannabis in an amount listed in § 5–612(a)(1) of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $100,000 or both.
It is not a defense to a prosecution under this section that the controlled dangerous substance was brought into or transported in the State solely for ultimate distribution or dispensing in another jurisdiction.
Notwithstanding any other provision of this title, a conviction under this section does not merge with the conviction for any crime that is the object of the conspiracy.
The provisions of § 6–220 of the Criminal Procedure Article do not apply to a conviction under this section.
This section does not:
prohibit a court from imposing an enhanced penalty under § 5–905 of this title; or
preclude or limit a prosecution for any other crime.
Notwithstanding any other provision of law and subject to subsection (c) of this section, a person who is serving a term of confinement that includes a mandatory minimum sentence imposed on or before September 30, 2025, for a violation of § 5–612 or § 5–613 of this subtitle involving cannabis may apply to the court to modify or reduce the mandatory minimum sentence as provided in Maryland Rule 4–345, regardless of whether the defendant filed a timely motion for reconsideration or a motion for reconsideration was denied by the court.
The court may modify the sentence and depart from the mandatory minimum sentence unless the State shows that, giving due regard to the nature of the crime, the history and character of the defendant, and the defendant’s chances of successful rehabilitation:
retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and
the mandatory minimum sentence is necessary for the protection of the public.
Except as provided in paragraph (2) of this subsection, an application under subsection (a) of this section shall be filed with the court or review panel on or before September 30, 2026.
The court may consider an application filed after September 30, 2026, only for good cause shown.
The court shall notify the State’s Attorney of the filing of an application.
The court shall hold a hearing on an application filed under subsection (a) of this section.
If the court denies the motion, the person may file one subsequent motion under this section not earlier than 3 years after the denial of the first motion.
Unless authorized by law to possess the substance, a person may not bring into the State:
45 kilograms or more of cannabis;
28 grams or more of cocaine;
any mixture containing 28 grams or more of cocaine;
4 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
1,000 dosage units of lysergic acid diethylamide;
any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;
28 grams or more of phencyclidine in liquid or powder form;
112 grams or more of any mixture containing phencyclidine;
1,000 dosage units or more of methaqualone;
28 grams or more of methamphetamine;
any mixture containing 28 grams or more of methamphetamine; or
4 grams or more of fentanyl or a fentanyl analogue.
A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $50,000 or both.
Unless authorized by law to possess the cannabis, a person may not bring into the State more than 5 kilograms but less than 45 kilograms of cannabis.
A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
A person may not distribute, attempt to distribute, or possess with intent to distribute a noncontrolled substance:
that the person represents as a controlled dangerous substance;
that the person intends for use or distribution as a controlled dangerous substance; or
under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as a controlled dangerous substance.
To determine if a person has violated this section, the court or other authority shall include in its consideration:
whether the noncontrolled substance was packaged in a manner normally used to distribute a controlled dangerous substance illegally;
whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of consideration was substantially greater than the reasonable value of the noncontrolled substance; and
whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.
A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both.
It is not a defense to a prosecution under this section that the defendant believed that the noncontrolled substance was a controlled dangerous substance.
Except as authorized in this title, a person may not possess or purchase a noncontrolled substance that the person reasonably believes is a controlled dangerous substance.
To determine if a person has violated this section, the court shall include in its consideration:
whether the noncontrolled substance was packaged in a manner normally used to illegally distribute a controlled dangerous substance;
if the noncontrolled substance was purchased, whether the amount of the consideration was substantially greater than the reasonable value of the noncontrolled substance; and
whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.
It is not a defense to a prosecution under this section that the substance a person possessed or purchased was not a controlled dangerous substance if the person reasonably believed that it was a controlled dangerous substance.
A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
To determine whether an object is drug paraphernalia, a court shall consider, among other logically relevant factors:
any statement by an owner or a person in control of the object concerning its use;
any prior conviction of an owner or a person in control of the object under a State or federal law relating to a controlled dangerous substance;
the proximity of the object, in time and space, to a direct violation of this section or to a controlled dangerous substance;
a residue of a controlled dangerous substance on the object;
direct or circumstantial evidence of the intent of an owner or a person in control of the object to deliver it to another who, the owner or the person knows or should reasonably know, intends to use the object to facilitate a violation of this section;
any instructions, oral or written, provided with the object concerning its use;
any descriptive materials accompanying the object that explain or depict its use;
national and local advertising concerning use of the object;
the manner in which the object is displayed for sale;
whether the owner or a person in control of the object is a licensed distributor or dealer of tobacco products or other legitimate supplier of related items to the community;
direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
the existence and scope of legitimate uses for the object in the community; and
expert testimony concerning use of the object.
The innocence of an owner or a person in control of the object as to a direct violation of this section does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
Unless authorized under this title, a person may not use or possess with intent to use drug paraphernalia to:
plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a controlled dangerous substance; or
inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance.
A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:
for a first violation, a fine not exceeding $500; and
for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating subsection (d)(4) of this section is subject to the penalty specified under paragraph (2)(ii) of this subsection.
Unless authorized under this title, a person may not deliver or sell, or manufacture or possess with intent to deliver or sell, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that the drug paraphernalia will be used to:
plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a controlled dangerous substance; or
inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance.
A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:
for a first violation, a fine not exceeding $500; and
for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating paragraph (4) of this subsection is subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
If a person who is at least 18 years old violates paragraph (1) of this subsection by delivering drug paraphernalia to a minor who is at least 3 years younger than the person, the person is guilty of a separate misdemeanor and on conviction is subject to imprisonment not exceeding 8 years or a fine not exceeding $15,000 or both.
A person may not advertise in a newspaper, magazine, handbill, poster, sign, mailing, or other writing or publication, or by sound truck, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, wholly or partly, is to promote the sale or delivery of drug paraphernalia.
A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:
for a first violation, a fine not exceeding $500; and
for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
Unless authorized under this title, a person may not:
obtain or attempt to obtain controlled paraphernalia by:
fraud, deceit, misrepresentation, or subterfuge;
counterfeiting a prescription or a written order;
concealing a material fact or the use of a false name or address;
falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or
making or issuing a false or counterfeit prescription or written order; or
possess or distribute controlled paraphernalia under circumstances which reasonably indicate an intention to use the controlled paraphernalia for purposes of illegally administering a controlled dangerous substance.
Evidence of circumstances that reasonably indicate an intent to use controlled paraphernalia to manufacture, distribute, or dispense a controlled dangerous substance unlawfully include the close proximity of the controlled paraphernalia to an adulterant, diluent, or equipment commonly used to illegally manufacture, distribute, or dispense controlled dangerous substances, including:
a scale;
a sieve;
a strainer;
a measuring spoon;
staples;
a stapler;
a glassine envelope;
a gelatin capsule;
procaine hydrochloride;
mannitol;
lactose;
quinine; and
a controlled dangerous substance.
Information that is communicated to a physician to obtain controlled paraphernalia from the physician in violation of this subtitle is not a privileged communication.
A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
for a first violation, a fine not exceeding $500; and
for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
In this section the following words have the meanings indicated.
“Drug trafficking crime” means a felony or a conspiracy to commit a felony involving the possession, distribution, manufacture, or importation of a controlled dangerous substance under §§ 5–602 through 5–609 and 5–614 of this subtitle.
“Forfeiting authority” means the office or person designated by agreement between the State’s Attorney for a county and the chief executive officer of the governing body that has jurisdiction over the assets subject to forfeiture.
During and in relation to a drug trafficking crime, a person may not:
possess a firearm under sufficient circumstances to constitute a nexus to the drug trafficking crime; or
use, wear, carry, or transport a firearm.
In addition to the sentence provided for the drug trafficking crime, a person who violates subsection (b) of this section is guilty of a felony and on conviction is subject to:
for a first violation, imprisonment for not less than 5 years and not exceeding 20 years; or
for each subsequent violation, imprisonment for not less than 10 years and not exceeding 20 years.
The court shall impose a minimum sentence of 5 years under paragraph (1)(i) of this subsection.
The court shall impose a minimum sentence of 10 years under paragraph (1)(ii) of this subsection.
A court may not suspend any part of a mandatory minimum sentence.
Except as provided in § 4-305 of the Correctional Services Article, a person sentenced under this subsection is not eligible for parole.
A sentence imposed under paragraph (1)(ii) of this subsection shall be consecutive to and not concurrent with any other sentence imposed by virtue of the commission of the drug trafficking crime.
In this subsection, “firearm silencer” means a device that is designed for silencing, muffling, or diminishing the report of a firearm.
“Firearm silencer” includes a combination of parts designed, redesigned, or intended for use in assembling or fabricating a firearm silencer or muffler.
A court shall double the minimum mandatory sentence provided in subsection (c)(1)(ii) of this section if the firearm used during and in relation to a drug trafficking crime is:
listed in § 4-301 of this article or § 5-101 of the Public Safety Article;
a machine gun; or
equipped with a firearm silencer.
A firearm or ammunition seized under this section is contraband and shall be forfeited summarily to a forfeiting authority.
Unless otherwise prohibited by law or if forfeiture proceedings have begun, the forfeiting authority shall return the seized property to the owner or possessor within 90 days after the date of seizure if:
the owner or possessor of the property seized is acquitted; or
the charges against the person are dismissed.
Unless otherwise prohibited by law, the forfeiting authority shall return the seized property to the owner or possessor promptly if the State:
enters a nolle prosequi against the owner or possessor of property seized; and
does not charge the person within 90 days after the nolle prosequi is entered.
In this section, “firearm” includes:
a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, and short-barreled rifle, as those words are defined in § 4-201 of this article;
a machine gun, as defined in § 4-401 of this article; and
a regulated firearm, as defined in § 5-101 of the Public Safety Article.
A person may not possess, own, carry, or transport a firearm if that person has been convicted of:
a felony under this title;
a crime under the laws of another state or of the United States that would be a felony under this title if committed in this State;
conspiracy to commit a crime referred to in items (1) and (2) of this subsection; or
an attempt to commit a crime referred to in items (1) and (2) of this subsection.
A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
In this section the following words have the meanings indicated.
“Drug crime” means:
a crime under this title; or
a crime committed in another jurisdiction that would be a crime under this title if committed in this State.
“Financial transaction” means:
a payment;
a purchase;
a sale;
a loan;
a pledge;
a transfer;
a delivery;
a deposit;
a withdrawal; or
an extension of credit or exchange of a monetary instrument or equivalent property, including precious metals, stones or jewelry, airline tickets, stamps, or credit in a financial institution as defined in § 1-101 of the Financial Institutions Article.
“Monetary instrument” means:
coin or currency of the United States or any other country;
a bank check;
a travelers’ check;
a money order;
an investment security; or
a negotiable instrument.
“Proceeds” means money or any other property with a value exceeding $10,000.
Except for a financial transaction necessary to preserve a person’s right to representation as guaranteed by the 6th Amendment to the United States Constitution and Article 21 of the Maryland Declaration of Rights, a person may not, with the intent to promote a drug crime or with the intent to conceal or disguise the nature, location, source, ownership, or control of proceeds of a drug crime:
receive or acquire proceeds knowing that the proceeds are derived from a drug crime;
engage in a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime;
give, sell, transfer, trade, invest, conceal, transport, or maintain an interest in proceeds knowing that the proceeds are derived from a drug crime;
direct, promote, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds knowing that the proceeds are derived from a drug crime; or
conduct a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime.
A person who violates this section is guilty of a felony and on conviction is subject to:
for a first violation:
imprisonment not exceeding 5 years;
a fine not exceeding the greater of $250,000 or twice the value of the proceeds involved in the financial transaction; or
both; or
for each subsequent violation:
imprisonment not exceeding 10 years;
a fine not exceeding the greater of $500,000 or 5 times the value of the proceeds involved in the financial transaction; or
both.
Notwithstanding any other provision of law, for purposes of this section each financial transaction is a separate violation.
In this section, “drug” does not include alcohol.
A person may not administer a controlled dangerous substance or other drug to another without that person’s knowledge and commit against that other:
a crime of violence as defined in § 14-101 of this article; or
a sexual offense in the third degree under § 3-307 of this article.
A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.
A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act or acts establishing the violation of this section.
A person may not manufacture, distribute, dispense, or possess with intent to distribute a controlled dangerous substance in violation of § 5–602 of this subtitle or conspire to commit any of these crimes:
in a school vehicle, as defined under § 11–154 of the Transportation Article; or
in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for elementary or secondary education.
Subsection (a) of this section applies whether or not:
school was in session at the time of the crime; or
the real property was being used for purposes other than school purposes at the time of the crime.
A person who violates this section is guilty of a felony and on conviction is subject to:
for a first violation, imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both; or
for each subsequent violation, imprisonment not less than 5 years and not exceeding 40 years or a fine not exceeding $40,000 or both.
The court may not suspend the 5–year minimum sentence required by paragraph (1)(ii) of this subsection.
Except as otherwise provided in § 4–305 of the Correctional Services Article, a person sentenced under paragraph (1)(ii) of this subsection is not eligible for parole during this period of the 5–year minimum sentence.
A sentence imposed under paragraph (1) of this subsection shall be consecutive to any other sentence imposed.
Notwithstanding any other law, a conviction under this section may not merge with a conviction under § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, § 5–607, § 5–608, § 5–609, § 5–612, § 5–613, or § 5–628 of this subtitle.
In a prosecution under this section, a map or certified copy of a map made by a county or municipal unit to depict the location and boundaries of the area within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for school purposes is admissible as prima facie evidence of the location and boundaries of the depicted area, if the governing body of the county or municipal corporation approves the map or certified copy of the map as an official record of the location and boundaries of the depicted area.
The map or a certified copy of the map shall be filed with the county or municipal corporation, which shall maintain the map or the certified copy of the map as an official record.
The governing body of the county or municipal corporation may revise periodically the map or certified copy of the map.
This subsection does not preclude the prosecution from introducing other evidence to establish an element of a crime under this section.
This subsection does not preclude the use or admissibility of maps or diagrams other than those approved by the county or municipal corporation.
Except as provided in subparagraph (ii) of this paragraph, a person may not hire, solicit, engage, or use a minor to manufacture, deliver, or distribute on behalf of that person a controlled dangerous substance in sufficient quantity to reasonably indicate under all the circumstances an intent to distribute the controlled dangerous substance.
This paragraph does not prohibit a person from hiring, soliciting, engaging, or using a minor to manufacture, deliver, or distribute a controlled dangerous substance if the manufacturing, delivering, or distributing has a lawful purpose.
A person may not transport, carry, or otherwise bring a minor into the State to use the minor to violate this section or § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-612, § 5-613, § 5-617, or § 5-627 of this subtitle.
A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both.