Can I be arrested for possessing drug paraphernalia?

Earlier this year, the Maryland General Assembly decriminalized marijuana possession in Maryland. However, many may not be aware that having drug paraphernalia is still illegal and classified as a misdemeanor in our state.

What is Drug Paraphernalia? 

Typically, the most common type of drug paraphernalia is a marijuana pipe or bowl, but it could also consist of a crack pipe, cocaine straw, or syringe. The Maryland Codes and Statutes has a much more detailed explanation as to what is considered to be drug paraphernalia.

Penalties of drug paraphernalia possession

If you are convicted of being in possession of drug paraphernalia, the penalties can vary depending on if you are a first or repeat offender. In the state of Maryland, if it is your first time being found guilty of having drug paraphernalia, the maximum penalty is a fine of $500 and does not include jail time. In this scenario, it's still advisable that you choose a reputable criminal defense lawyer to defend you to help protect your best interests. In some instances where a person pleads guilty for having possession of drug paraphernalia without an attorney present, he or she may end up receiving a criminal record of a drug offense.

If you are convicted of drug paraphernalia possession a second time, your penalty increases substantially. For a second offense, you could face a maximum penalty of two years in jail and/or a fine of up to $2,000 in the state of Maryland. If you are a repeat offender, a jury will typically determine whether or not you were in possession of drug paraphernalia, and information such as statements that you made prior to the arrest can be used against you in court. They will most likely take a look at your prior criminal activity (such as a marijuana possession in Maryland charge) and, in some cases, go as far as hearing expert testimony as to what the paraphernalia of question is really used for.

Another serious related offense is the delivery or sale of drug paraphernalia. This is also a misdemeanor under Maryland law and often leads to harsher penalties than of just possessing drug paraphernalia. For example, someone that is convicted of either the delivery or sale of drug paraphernalia may be sentenced to a maximum of eight years in jail and pay a fine of up to $15,000.

If you are facing a drug paraphernalia charge or have been arrested for marijuana possession in Maryland, you will want to have a knowledgeable criminal defense lawyer on your side. Any time you are involved with a criminal case in the state of Maryland, there is the potential for you to face drastic consequences, and serving jail time should not be one of them if you can avoid it.