How Does Maryland Treat the Distribution of Prescription Drugs?

 Posted on November 07, 2024 in Drug Crimes

According to the Centers for Medicare & Medicaid Services, America is in the throes of an opioid crisis. Prescription drugs like oxycodone and fentanyl are being distributed illegally more than ever before, along with other drugs that are only legal if prescribed by a doctor. In Maryland, the unlawful distribution of controlled substances like prescription drugs is treated harshly with heavy fines and prison time.

However, there are some differences between the penalties for distributing illegal substances like cocaine and the penalties for distributing prescription medication. For more questions or to secure a legal defense against drug distribution charges, consult an experienced Maryland drug crime defense attorney.

What Are the Penalties for Drug Distribution?

The penalties for drug distribution depend on several factors such as the type of drug, the amount distributed, whether any minors were involved, and any prior offenses.

In general, the penalties are as follows:

• If a person distributes a Schedule I or Schedule II narcotic like heroin or cocaine, it is a felony punishable by a fine of up to $25,000 and up to 20 years in prison. A repeat offender may face a minimum of up to 40 years in prison and a fine of up to $100,000.

• If a person distributes non-narcotic controlled substances, it is a felony punishable by up to five years in prison and a fine of up to $15,000.

• Depending on the weight of the substance, a person may be considered a "volume drug dealer," which is punishable by a minimum of five years in prison and a fine of up to $100,000.

These penalties also apply to someone who possesses an illegal drug with intent to distribute it.

How Are Prescription Drugs Treated Differently in Maryland?

Prescription drugs generally carry the same penalties as other illegal substances. However, people accused of illegally distributing prescription drugs may sometimes be treated differently in Maryland courts if their initial possession of the drug is lawful. Many times, prescription drug offenders start out possessing the drugs legally after having been prescribed them and then develop addictions or otherwise decide to distribute them. If a defendant was prescribed a drug and distributed it for the first time, he or she might receive a more lenient sentence.

What Are the Defenses Against a Drug Distribution Charge?

Your criminal defense attorney may employ certain defenses against a charge of illegally distributing controlled substances. For example:

• You did not intend to distribute the drug.

• You did not profit from the distribution.

• You gave the drug to someone who you believed had an urgent medical need for it.

• Your rights were violated during law enforcement’s investigation.

Some defenses may be enough to dismiss the charges entirely, while others may help reduce them.

Contact a Northern Baltimore County, MD Drug Crime Defense Attorney

Being charged with distributing drugs — prescription or otherwise — is a frightening experience. A conviction can mean years behind bars and a permanent criminal record. Make sure you get the best defense possible by consulting Baltimore Legal Services. We have defended over 10,000 clients from criminal charges and we will be aggressive in helping you defend against yours. Schedule a free consultation with a Harford County, MD criminal defense lawyer by calling us at 858-523-8423 24/7.