Maryland Drug Laws: Penalties, Charges & Treatment Options

Maryland regulates controlled dangerous substances (CDS) through Title 5 of the Criminal Law Article (Md. Code, Crim. Law § 5-101 et seq.). The state classifies substances into five schedules (I–V) under §§ 5-402 through 5-406, mirroring the federal Controlled Substances Act framework. Schedule I substances have the highest abuse potential and no accepted medical use, while Schedule V substances have the lowest abuse potential.

In a landmark reform, Maryland voters approved Question 4 in November 2022 to legalize recreational cannabis, and Governor Wes Moore signed the Cannabis Reform Act into law on May 3, 2023. Adult-use cannabis sales from licensed dispensaries began July 1, 2023. The Maryland Cannabis Administration (MCA) oversees the regulated market, with a 9% sales and use tax on retail cannabis transactions.

Maryland distinguishes between possession (§ 5-601), distribution (§ 5-602), manufacturing (§ 5-603), and enhanced offenses such as volume dealing (§ 5-612) and drug kingpin operations (§ 5-613). The state provides diversion options including Drug Treatment Courts, and enacted a Good Samaritan Law to encourage reporting of overdoses without fear of prosecution for drug possession.

Maryland Controlled Substance Possession Penalties

Under Md. Code, Crim. Law § 5-601, it is unlawful to possess or administer a controlled dangerous substance unless obtained pursuant to a valid prescription or as otherwise authorized by law. Unlike many states, Maryland applies the same penalty structure for simple possession regardless of the drug schedule (with cannabis being the exception).

• First offense: Misdemeanor — up to 1 year imprisonment and/or $5,000 fine
• Second or third offense: Misdemeanor — up to 18 months imprisonment and/or $5,000 fine
• Fourth or subsequent offense: Misdemeanor — up to 2 years imprisonment and/or $5,000 fine

Cannabis possession for adults 21+ is legal up to 1.5 ounces under the Cannabis Reform Act (effective July 1, 2023). Possession of a civil use amount (over 1.5 oz but not more than 2.5 oz) is a civil offense carrying a fine of up to $250. Possession of more than 2.5 ounces remains a criminal misdemeanor.

Statute references: Md. Code, Crim. Law § 5-601; Cannabis Reform Act (HB 556/SB 516, 2023).

Md. Code, Transp. § 21-902

Maryland Transportation Code § 21-902 prohibits operating a motor vehicle while under the influence of alcohol (DUI), while impaired by alcohol (DWI), while impaired by a drug or combination of drugs, or while impaired by a controlled dangerous substance. Maryland distinguishes between DUI (more serious) and DWI (less serious). Drug-impaired driving carries the same penalties as alcohol-related offenses. There is no per se drug concentration limit; impairment is established through Drug Recognition Expert (DRE) evaluations, field sobriety tests, and blood toxicology.

0.08% (0.02% for under 21; 0.04% for commercial drivers)

Maryland is an implied consent state under Transp. § 16-205.1; refusal to submit to a chemical test results in up to 270 days license suspension (1st refusal) or up to 2 years (2nd refusal).

Drug-impaired driving charges under § 21-902(d) apply to any substance—illegal drugs, prescription medications, or over-the-counter drugs—that impairs the driver's ability to safely operate a vehicle.

Senate Bill 207 (effective October 1, 2025) requires MVA to revoke licenses after certain DUI/DWI convictions. New fine amounts take effect June 1, 2025.

Maryland has a comprehensive naloxone access program administered by the Maryland Department of Health. Under Health-General § 13-3106, the State Health Officer issues a statewide standing order authorizing all Maryland-licensed pharmacists to dispense naloxone (any formulation, including nasal spray and injectable) to any individual without a patient-specific prescription. No prior training or education on opioid overdose response is required for an individual to obtain naloxone under this standing order.

• Statewide standing order allows any individual to obtain naloxone from any Maryland-licensed pharmacy without a personal prescription.
• No prior training or education requirement for individuals to receive naloxone.
• Pharmacists are protected from civil liability and disciplinary action when dispensing naloxone in good faith.
• Community organizations and harm reduction programs can distribute naloxone under the standing order.
• The Maryland Overdose Response Program provides free naloxone through community partners and local health departments.
• Prescribers and persons who administer naloxone in good faith are protected from civil liability.

Maryland Department of Health, Office of Overdose Response

https://stopoverdose.maryland.gov/

Health-General § 13-3106

Maryland Drug Treatment Courts

Maryland operates Drug Treatment Courts (DTCs) in multiple jurisdictions across the state, providing judicially supervised treatment programs as alternatives to incarceration for eligible offenders with substance use disorders. The courts use evidence-based practices to combine judicial oversight with comprehensive treatment services, regular drug testing, and graduated sanctions and incentives.

• Baltimore City Drug Treatment Court (est. 1994) — one of the oldest in the nation, created in response to an ABA report finding 85% of Baltimore crimes were addiction-driven.
• Jurisdictions across Maryland including Anne Arundel, Baltimore County, Howard, Montgomery, Prince George’s, and other counties operate DTCs.

Typically a four-phase program lasting 15–18 months, including intensive probation supervision, treatment (inpatient/outpatient), mandatory urinalysis, education, transitional housing, and community service.

• Employment or enrolled in education/training
• Completion of at least 20 hours of community service
• Minimum 12 months of program participation
• At least 9 months of clean drug tests

Eligibility varies by jurisdiction; generally available to nonviolent drug offenders with diagnosed substance use disorders who agree to participate in treatment.

Maryland Judiciary, Office of Problem-Solving Courts

https://www.courts.state.md.us/opsc/dtc

Maryland imposes mandatory minimum sentences for several serious drug offenses, particularly for repeat distribution offenses involving narcotic drugs, volume dealing, and drug kingpin operations. Maryland has faced reform efforts to reduce some mandatory minimums, particularly for cannabis-related offenses following the 2023 Cannabis Reform Act.

• Distribution of Schedule I or II narcotic drug (2nd offense) — Mandatory Minimum: 10 years imprisonment
• Distribution of Schedule I or II narcotic drug (3rd offense) — Mandatory Minimum: 25 years imprisonment
• Distribution of Schedule I or II narcotic drug (4th+ offense) — Mandatory Minimum: 40 years imprisonment
• Volume dealer (large-quantity manufacturing/distribution) — Mandatory Minimum: 5 years imprisonment
• Drug kingpin (organizer/supervisor of drug operation) — Mandatory Minimum: 20 years imprisonment (no parole)
• Distribution of non-narcotic CDS (2nd offense) — Mandatory Minimum: 2 years imprisonment

See drug_courts section — Drug Treatment Courts provide judicially supervised treatment as an alternative to incarceration in multiple Maryland jurisdictions.

Title: Community Options Programs (COP)

Description: Maryland offers Community Options Programs including regimented offender treatment centers, day reporting programs, intensive supervision, and home detention as alternatives to incarceration for eligible drug offenders.

Title: Probation Before Judgment (PBJ)

Md Code: Md. Code, Crim. Proc. § 6-220

Description: Maryland courts may grant Probation Before Judgment for eligible drug possession offenders, staying the entry of judgment, deferring further proceedings, and placing the defendant on probation with conditions. Successful completion avoids a formal conviction on the record.

Many Maryland jurisdictions offer pre-trial diversion programs for first-time, nonviolent drug offenders. Participants typically complete substance abuse treatment, education, community service, and drug testing. Successful completion may result in charges being dismissed or reduced.

• Inpatient residential treatment
• Intensive outpatient therapy (IOP)
• Medication-assisted treatment (MAT) including methadone, buprenorphine, and naltrexone
• Acupuncture and holistic therapies (used in some Drug Treatment Courts)
• Transitional housing and supportive services
• Mental health co-occurring disorder treatment

2023: Cannabis Reform Act (HB 556/SB 516): Legalized recreational cannabis for adults 21+; licensed retail sales began July 1, 2023; established Maryland Cannabis Administration and Office of Social Equity; 9% sales tax.

2023: HB 1071: Odor of cannabis alone no longer constitutes grounds for a search by law enforcement; reduced public cannabis smoking fine from $250 to $50 for first offense.

2023: Cannabis expungement provisions: Automatic expungement of cases where possession of less than 10 grams of cannabis was the only charge, plus additional expungement pathways for cannabis-related offenses.

2023: HB 135: Proposed removal of mandatory minimum for volume dealing in cannabis, reducing the offense from a felony with a 5-year mandatory minimum to a misdemeanor punishable by up to 10 years.

2025: New DUI fine increases effective June 1, 2025: First DUI offense maximum fine increased to $1,200; second DUI offense maximum fine increased to $2,400.

2025: Senate Bill 207 (effective October 1, 2025): Requires MVA to automatically revoke driver's licenses after certain DUI/DWI convictions or failure to remain at accident scene.