Federal and state drug possession laws make it a crime to willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, ecstasy and heroin.
The laws in Virginia & Maryland also criminalize the possession of “precursor” chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use.
Drug possession laws in Virginia & Maryland vary according to drug type, amount, and geographic area of the offense.
Possession of small quantities may be deemed “simple” possession in Virginia & Maryland while possession of large amounts may result in a charge of presumed “possession with intent to distribute.”
Have you been charged with drug offense in Maryland or Virginia?
Are you facing a drug charge in Maryland or Virginia?
If you need help to defend yourself against a drug charge in Maryland or Virginia, then contact the SRIS Law Group Maryland or Virginia criminal defense lawyers for help.
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Federal and state laws cover many types of drug offenses. State drug laws may be narrower as long as they do not conflict with federal drug laws. Federal drug fees usually result in longer sentences, while government drug fees may involve short-term provisions or even surveillance. Whatever kind of drug crime, having any kind of drug conviction on your record can have serious consequences. This attorney provides an overview of some common types of drug offenses.
Equipments:
Federal and state laws cover many types of drug offenses. State drug laws may be narrower as long as they do not conflict with federal drug laws. Federal drug fees usually result in longer penalties, while government drug fees may involve short-term provisions or even control. Whatever type of drug offense, having any kind of drug conviction on your record can have serious consequences. The problem that often occurs with drug abuse tools is that many of them seem to be designed for legal purposes. For example, many bongs include labeling which states that they should only be used with tobacco. Even with such a label, you can be charged with drug tools depending on where you bought the item or how the item looks.
Drug possession:
Possession of drug laws varies from state to state depending on the type of drug involved and the amount. However, it is a crime under both federal and state drug laws to possess any illegal controlled substances such as marijuana, cocaine or heroin. A person who possesses illicit drugs may be charged with a simple possession or possession for distribution. A simple possession is usually the charge of a person who has a small amount of medication, while much of the amount can lead to a charge of possession with a view to distributing harsher penalties. The same drug-making laws mentioned above may also be included in the drug possession charge.
Deal “Drug abuse” generally refers to the sale of illicit drugs on a smaller scale. It is important to remember that trafficking and dealing are defined differently from state to state and under federal law. Since drug abuse usually consists of one person selling a small amount, the penalty is less severe than the sale of larger quantities. According to the drug enforcement administration, which defines federal sanctions on the drug trade and trafficking, selling less than 50 grams of marijuana could result in a penalty of up to five years and a fine of 250,000 dollars. However, the sale of 1000 kg of marijuana can lead to a penalty of 10 years or more of life.
Manufacturing / Delivery of controlled drugs:
A person may be charged with the manufacture of drugs if he is involved in any of the stages of the illicit drug production process. The delivery of any illicit drugs is also a crime under federal and state laws. Prosecutors usually have to prove the intention of manufacturing and possession to convict an alleged drug factory. If convicted, the drug maker can face fines and prison time if found of drug offense.
The following are some of the laws in VA, MD & MA:
- § 18.2-248.01. Transporting controlled substances into the Commonwealth; penalty.
Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.) it is unlawful for any person to transport into the Commonwealth by any means with intent to sell or distribute one ounce or more of cocaine, coca leaves or any salt, compound, derivative or preparation thereof as described in Schedule II of the Drug Control Act or one ounce or more of any other Schedule I or II controlled substance or five or more pounds of marijuana. A violation of this section shall constitute a separate and distinct felony. Upon conviction, the person shall be sentenced to not less than five years nor more than 40 years imprisonment, three years of which shall be a mandatory minimum term of imprisonment, and a fine not to exceed $1,000,000. A second or subsequent conviction hereunder shall be punishable by a mandatory minimum term of imprisonment of 10 years, which shall be served consecutively with any other sentence.
- § 5-603. Equipment to produce controlled dangerous substance.
Except as otherwise provided in this title, a person may not manufacture a controlled dangerous substance, 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 under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a controlled dangerous substance in violation of this title.