The Treatment of Marijuana Under Maryland Law

How Maryland Regulates Possession and Use of Marijuana

The Treatment of Marijuana Under Maryland LawLike all states, Maryland has laws governing the possession of certain controlled substances. However, Maryland has implemented changes over the past few years with respect to the criminalization of marijuana.

Possession of Small Quantities of Marijuana

Under Maryland drug statutes, possession of less than 10 grams is not a criminal offense but is considered a civil wrong, much like a moving violation or traffic ticket. Possession of more than 10 grams (but less than 50 pounds) is charged as a crime, with a maximum penalty of one year of incarceration and a $1,000 fine. Possession of more than 50 pounds of marijuana is considered an intent to distribute and may lead to up to 5 years in prison and up to $100,000 in fines.

Medical Marijuana

Maryland has legalized the use of marijuana for certain medical purposes but requires individuals with a valid prescription to register with the state.

Possession of Marijuana-Related Drug Paraphernalia

A conviction of possession of smoking accessories, such as pipes, papers, and bongs, can result in a year in jail and a $500 fine if prosecutors can show an intent to use with marijuana.

Experienced Maryland Drug Crimes Lawyer

Jonathan Scott Smith, a Maryland SuperLawyer, has protected the rights of criminal defendants in Baltimore and the surrounding communities for more than three decades. Attorney Scott Smith is AV-rated under Martindale-Hubbell’s Peer Review Rating System and has been honored as a Top-Rated Lawyer by The American Lawyer magazine. He’s earned AVVO’s Client’s Choice Award, with the highest rating possible (5 stars) and holds a 10.0 (Superb) rating from AVVO as a trial attorney.

A proven trial lawyer, Jonathan understands the impact a drug conviction can have on many areas of your life. He’ll use his extensive experience, knowledge, and skill to ensure that your constitutional rights were protected. He will carefully review how evidence was obtained in your case, making certain that any search or seizure complied with constitutional guidelines.

Effective Traffic Ticket Attorney in Prince George’s County

To schedule a confidential consultation to discuss your options after being charged with a drug offense, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles drug claims throughout the Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

Traffic Tickets in Maryland

When Should You Take Your Traffic Violation to Trial?

Traffic Tickets in MarylandWhen you’re issued a traffic citation in Maryland, the ticket offers you a choice—you can either pay the fine (in person or online) or request a trial. It can be tempting to pay the fine and be done with it. After all, unless you have witnesses, it will be your word against that of the police officer, which might seem like a losing proposition.

But there are good reasons to request a trial, even if you violated traffic law:

  • The ticket identifies a fixed amount for the fine—If you plead guilty (which you must do when you simply pay the fine), you can’t change that. At a hearing, though, the judge can consider evidence or testimony and has the discretion to reduce or even waive the fine. Furthermore, the judge can reduce or waive any points added to your driving record.
  • The police officer may not show up at the hearing—Without the testimony of the police officer, the prosecution doesn’t have much of a case.
  • You need only show “reasonable” doubt as to your guilt—A strong witness with testimony that conflicts with that of the police officer can meet that burden.
  • The police officer may have made a mistake—A knowledgeable attorney may identify ways the police officer either failed to follow protocols or violated your constitutional rights.

Experienced Baltimore Traffic Citations Lawyer

Jonathan Scott Smith, a Maryland SuperLawyer, brings more than 30 years of experience to individuals throughout Baltimore and the surrounding communities who are charged with a traffic offense. AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System, he has also been named a Top-Rated Lawyer by The American Lawyer magazine. He’s received AVVO’s Client’s Choice Award, with the highest rating possible (5 stars), and has a 10.0 (Superb) rating from AVVO as a trial attorney.

Attorney Scott Smith knows that conviction for a traffic offense can have detrimental consequences and will work hard to ensure that your constitutional rights were protected. He will examine the traffic stop to verify that police had probable cause to pull you over and determine whether you were properly advised of your rights.

Effective Traffic Ticket Attorney in Prince George’s County

To schedule a confidential consultation to discuss your options after receiving a traffic citation, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles traffic violations throughout the Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

Reckless Endangerment in Maryland

What Constitutes Reckless Endangerment? What Are the Penalties?

Reckless Endangerment in MarylandUnder Maryland law, a person may not engage in actions that create “a substantial risk of death or serious injury to another.” Such acts constitute “reckless endangerment.” The statute specifically prohibits discharging a firearm from a motor vehicle in a way that poses a substantial risk of death or serious injury, but the crime of reckless endangerment is not limited to that act. Other acts found to constitute reckless endangerment include:

  • dropping rocks on passing cars from a bridge;
  • throwing harmful objects into a crowd of people; and
  • using a motor vehicle recklessly.

It’s important to understand that this offense does not require proof of intent but only recklessness. The law generally defines recklessness as a disregard for the risks posed by an act, where the person knew or should have known of the potential consequences but ignored them. Similarly, a person cannot be charged with reckless endangerment for an act that is merely negligent.

The Penalties for Reckless Endangerment

Reckless endangerment is a unique type of offense in Maryland, one referred to as a “penitentiary misdemeanor.” Though it’s technically a misdemeanor, and should carry a term of incarceration of no more than a year, it can bring a five-year prison term.

Experienced Baltimore Criminal Defense Lawyer

Maryland SuperLawyer Jonathan Scott Smith has successfully fought for the rights of criminal defendants throughout Maryland for more than 30 years, including individuals facing reckless endangerment. AV-rated by other lawyers under Martindale-Hubbell’s Peer Review Rating System, he has also been named a Top-Rated Lawyer by The American Lawyer magazine. Jonathan has received AVVO’s Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 (Superb) rating from AVVO as a trial lawyer.

Attorney Smith knows how a criminal charge and conviction can affect your life, andhe will zealously protect your constitutional rights. He’ll question witnesses, review police reports, and carefully gather all evidence to support your acquittal.

Proven Criminal Defense Attorney in Montgomery County

To schedule a confidential consultation to discuss your options when facing charges of reckless endangerment, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles criminal matters throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

Assault and Battery in Maryland

Understanding the Difference

Assault and Battery in MarylandThe terms “assault” and “battery” get used together so often that many people believe they are one and the same thing; however, there is a distinction. While battery requires an unwanted or nonconsensual physical contact or touching of one person by another, assault does not. A person may be guilty of assault under any of the following circumstances:

  • The person attempts to make unwanted physical contact;
  • The person actually makes unwanted physical contact; or
  • The person puts someone else in reasonable apprehension of imminent, unwanted physical contact.

It’s important to understand that the contact need not result in physical injury—it must only be deemed unwanted, nonconsensual, or offensive to the victim. Also, the person alleged to have made the wrongful contact must have done so either intentionally or with a disregard for the risk of offensive contact (recklessness). Typically, contact, or the fear of contact, caused by carelessness or negligence does not constitute assault or battery.

Experienced Baltimore Assault and Battery Defense Lawyer

Jonathan Scott Smith, a longtime Maryland SuperLawyer, has successfully protected the rights of criminal defendants in the greater Baltimore metropolitan area and across Maryland for more than three decades, including individuals facing assault and/or battery charges. AV-rated under Martindale-Hubbell’s Peer Review Rating System, attorney Smith has also been named a Top-Rated Lawyer by The American Lawyer magazine. He’s earned AVVO’s Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 Superb rating from AVVO as a trial lawyer.

Attorney Smith knows the potential impact of a criminal conviction and will work hard to protect your constitutional rights. He’ll verify that there was probable cause for any search and seizure and make sure you were properly notified of all your legal rights if taken into custody.

Effective Assault and Battery Defense Attorney in Prince George’s County

To schedule a confidential consultation to discuss your options if you’ve been arrested and charged with assault or battery, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles criminal matters throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County.

DUI in Maryland

Administrative Penalties for Drinking and Driving

DUI in Maryland In Maryland, when you’re arrested for driving under the influence, you can expect two separate and distinct legal proceedings to take place:

  • Criminal proceeding — You’ll be required to appear before a judge in a criminal proceeding, where your guilt or innocence will be determined. If found guilty, you can be sentenced to jail time or assessed fines, among other sanctions.
  • Administrative hearing — You also will need to appear at an administrative hearing before the Maryland Motor Vehicle Administration (MVA)

The Purpose of the Administrative Hearing | The Potential Penalties

The administrative hearing focuses on your right to drive. In the immediate aftermath of a DUI arrest, your license will be confiscated, and you will be issued a temporary Maryland driver’s license that expires in 45 days. If you fail to request the administrative hearing within 10 days of your citation, your license will be suspended.

If you are found to have violated Maryland DUI law, you can expect a 45-day suspension of your license, provided it’s your first DUI conviction. A second DUI conviction will bring a 90-day suspension. First-offense suspensions can be modified to allow you to drive to and from work, but second-conviction suspensions may not be modified.

Experienced Maryland Drunk Driving Attorney

Jonathan Scott Smith, a longtime Maryland SuperLawyer, has aggressively represented criminal defendants in the greater Baltimore area and across Maryland for more than 30 years, including people charged with driving under the influence. AV-rated by his fellow attorneys under Martindale-Hubbell’s Peer Review Rating System, Jonathan has also been honored as a Top-Rated Lawyer by The American Lawyer magazine. He’s received AVVO’s Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 (Superb) rating from AVVO as a trial attorney.

Attorney Scott Smith knows the potential impact of a DUI conviction and will work hard to ensure that police followed all required procedures. He will confirm that there was probable cause for any search and seizure and that you were properly notified of your Miranda rights if taken into custody

Effective DUI Defense Attorney in the Greater Baltimore Metro Area

To schedule a confidential consultation to discuss your options when charged with drinking and driving, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles DWI and DUI cases throughout the Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

Statutory Rape in Maryland

How Does It Differ from Other Sex Crimes?

Statutory Rape in Maryland In Maryland, you can be convicted of rape in certain circumstances, even though the alleged victim initiated or consented to the sexual act. It’s known as “statutory rape,” and here’s how it works.

Statutory Rape in Maryland—Defined

Under Maryland law, the age of consent to sexual intercourse is 16, which means that a person under the age of 16 lacks the legal capacity to consent to intercourse. Accordingly, if you have intercourse with a youth under the age of 16, the jury won’t care if the alleged victim agreed to have sex or even invited you to have sex. The sole determining factor is whether the person was under the age of 16 at the time of sexual intercourse. There are, however, different degrees of statutory rape:

  • Engaging in a sexual act, including intercourse, with a person who is 14 or 15 at the time is considered a 4th-degree sexual offense, provided the older person is at least four years older.
  • Engaging in a sexual act with someone aged 14 or 15 is considered a 3rd-degree sexual offense, if the perpetrator is over the age of 21.
  • Sexual contact with a child under the age of 14 is a 3rd-degree sexual offense if the perpetrator is at least four years older.
  • Engaging in a sexual act, including intercourse, with a person under the age of 14 is a 2nd-degree sexual offense if the perpetrator is at least four years older.

Experienced Maryland Sex Crimes Attorney

Jonathan Scott Smith, a longtime Maryland SuperLawyer, has aggressively represented criminal defendants in the greater Baltimore area and across Maryland for more than 30 years, including people facing prosecution for sexual offenses. AV-rated by other attorneys under Martindale-Hubbell’s Peer Review Rating System, Jonathan has also been honored as a Top-Rated Lawyer by The American Lawyer magazine. He’s received AVVO’s Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 (Superb) rating from AVVO as a trial attorney.

Attorney Scott Smith understands the potential implications of conviction of a sexual offense, and will work hard to ensure that police followed all required procedures. He will confirm that there was probable cause for any search and seizure and that you were properly notified of your Miranda rights if taken into custody.

Proven Sexual-Offenses Lawyer in Baltimore County and the Surrounding Communities

To schedule a confidential consultation to discuss your options when facing sex-crime charges, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles sexual offense cases throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

DUI or DWI? Is There a Difference in Maryland?

Does Maryland Make a Legal Distinction between Driving While Impaired (DWI) and Driving Under the Influence (DUI)?

DUI or DWI? Is There a Difference in Maryland?When you’re pulled over by police in Maryland, there’s a good chance they’ll ask you if you’ve had anything to drink. They also may ask you to submit to a field sobriety test or take a breathalyzer test to estimate your blood alcohol content (BAC). You can refuse the field sobriety test with no legal penalty, but if you refuse the breathalyzer, there are potential consequences, including loss of driving privileges.

Based on the findings of the breathalyzer test and observations of the police officer, three things might happen:

  • You blow under the legal limit of .08% BAC, and the officer concludes you are not impaired and lets you go;
  • You blow over the legal limit of .08% BAC, causing you to be arrested for driving under the influence of alcohol (DUI); or
  • You blow under .08% but over .07% and are charged with driving while impaired.

If you are underaged, the legal limit goes down to .02%. Commercial truck drivers also have a lower permissible blood alcohol content—.04%.

Experienced Maryland DUI/DWI Defense Attorney

Jonathan Scott Smith, a longtime Maryland SuperLawyer, has aggressively protected the constitutional rights of criminal defendants in the greater Baltimore area and across Maryland for more than 30 years. Consistently AV-rated by other attorneys under Martindale-Hubbell’s Peer Review Rating System, Jonathan has also been named a Top-Rated Lawyer by The American Lawyer magazine. He’s earned AVVO’s Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 (Superb) rating from AVVO as a trial attorney.

Jonathan understands the consequences of a DUI/DWI conviction, and works hard to ensure that police followed all required procedures. He will verify that there was probable cause for the traffic stop and that you were properly notified of your Miranda rights if taken into custody. He will carefully gather all relevant evidence and visit the scene of the incident, if necessary. He’ll also use his extensive trial experience to protect your rights in court.

Proven DWI/DUI Attorney in Baltimore County and the Surrounding Communities

To schedule a confidential consultation to discuss your options after a DWI/DUI arrest, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles DWI and DUI cases throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

Controlled Dangerous Substances in Maryland

Maryland Drug Laws | Categories and Penalties

Controlled Dangerous Substances in Maryland In Maryland, as in every state, there are statutes (written laws) that identify what types of substances can be legally possessed, manufactured, distributed, or sold. Maryland takes a more detailed approach to illegal drugs, though, defining them as controlled dangerous substances (CDS) and putting them in five different categories, based on their likelihood to cause addiction/abuse, as well as their acknowledged medical value.

Schedule I Drugs

Drugs deemed to be highly addictive or subject to abuse, and without recognized medical value, are listed in Schedule I. Schedule I drugs include heroin, LSD, ecstasy, and peyote. Conviction of a Schedule I drug offense is punishable by up to 40 years in prison, as well as $100,000 in fines. Marijuana, while technically considered a Schedule I drug, is treated differently, with less serious penalties.

Schedules II-V

The remaining schedules cover all other drugs, from cocaine, opium, meth, and opioids to steroids, sedatives, and even over-the-counter cough suppressants.

Experienced Baltimore County Drug Crimes Attorney

Jonathan Scott Smith, long a Maryland SuperLawyer, has fought to protect the constitutional rights of criminal defendants in the greater Baltimore area and across Maryland for more than three decades. AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System, attorney Smith has also been named a Top-Rated Lawyer by The American Lawyer magazine. He’s received AVVO’s Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 (Superb) rating from AVVO as a trial attorney.

Jonathan knows the impact a drug crimes conviction can have on your life, affecting your reputation and job. He’ll confirm that police followed all required procedures and that all evidence against you was obtained legally. He will verify that there was probable cause for any search, seizure, or arrest, and that you were properly notified of your Miranda rights if taken into custody. He’ll also use his extensive trial experience to protect your rights in court.

Effective Drug Crimes Defense Attorney in Maryland

To schedule a confidential consultation to discuss your options when you are under suspicion or arrested for a drug crime, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles DWI and DUI cases throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

Field Sobriety Tests in Maryland

The Different Tests | Are They Accurate?

Field Sobriety Tests in MarylandIt’s common practice for law enforcement officers in Maryland to request that a motorist take a “field sobriety test” if there’s suspicion of driving under the influence (DUI) or driving while impaired (DWI). Those tests can take a number of different forms:

  • The horizontal gaze nystagmus—With this test, the officer holds an object in front of your eyes and moves it back and forth, looking for a “jerking” movement in your eyes, which is considered an indication of alcohol intoxication.
  • The one-leg stand—This assessment involves standing on one foot for up to 30 seconds. Officers look for problems with balance, as well as difficulty counting.
  • The walk-and-turn test—This is the “heel-to-toe” test, where you must put one foot in front of the other, walk in a specific direction, and then change directions.

The Reliability of Field Sobriety Tests

In testing conducted by the Southern California Research Institute in the 1970s, the accuracy of field sobriety tests was mixed. The report found that almost one of every four horizontal gaze nystagmus tests was inaccurate and that the other two tests were accurate about 2/3 of the time.

Proven Maryland Drunk Driving Defense Lawyer

Attorney Jonathan Scott Smith, a Maryland SuperLawyer, has more than three decades of experience fighting for the rights of men and women facing criminal charges throughout Maryland. AV-rated by his colleagues under Martindale-Hubbell’s Peer Review Rating System, attorney Scott Smith has also received the Client’s Choice Award, with the highest rating possible (5 stars). He’s been given a 10.0 (Superb) rating as a trial attorney and named a Top-Rated Lawyer by The American Lawyer magazine.

Attorney Smith has extensive experience handling all matters related to drunk driving. He knows from experience that police officers often violate constitutional rights, stopping drivers without probable cause or failing to give Miranda warnings before arrest. He’ll carefully review police reports and question witnesses to confirm that your constitutional rights were not violated.

Proven Drunk Driving Attorney in the Baltimore Metropolitan Area

To schedule a confidential consultation to discuss your options after a DWI/DUI arrest, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles DWI and DUI cases throughout the Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

Do You Have to Submit to a Field Sobriety Test in Maryland?

What Happens If You Refuse?

Do You Have to Submit to a Field Sobriety Test in Maryland?Customarily, when you’re been pulled over in Maryland on suspicion of drinking and driving, the police officer will ask you to take a “field sobriety test” where you have to walk heel-to-toe or stand on one leg. Contrary to popular belief, though, there is no legal requirement that you submit to these tests, and the officer cannot compel you to do so.

Furthermore, there’s no criminal penalty for refusing to take a field sobriety test, and choosing not to participate in such a test will not have any impact on your driving privileges. Field sobriety tests are voluntary and can always be refused. Field sobriety tests are notoriously unreliable; the National Highway Traffic Safety Administration has published training manuals stating that one of every three tests may be wrong.

Police officers may also ask you to submit to a preliminary breath test before detaining you. This test is also voluntary. If you are taken to the police station, though, Maryland’s implied consent rules go into effect. If you refuse a breath or blood test at the police station, you can lose your driving privileges.

Proven Maryland Drunk Driving Defense Lawyer

Attorney Jonathan Scott Smith, a longtime Maryland SuperLawyer, has fought for the rights of criminal defendants throughout Maryland for more than three decades.He has consistently been AV-rated by other attorneys under Martindale-Hubbell’s Peer Review Rating System and was named a Top-Rated Lawyer by The American Lawyer magazine. AVVO has given him the Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 (Superb) rating as a trial attorney.

Attorney Smith understands the impact of a conviction for drinking and driving and will work hard to protect your constitutional rights. He will carefully gather and preserve evidence in support of your acquittal. He’ll review police reports and question witnesses to ensure that law enforcement officers had probable cause to make the traffic stop and that they properly advised you of your rights.

Results-Oriented DWI/DUI Attorney in the Baltimore Metropolitan Area

To schedule a confidential consultation to discuss your options after a DWI/DUI arrest, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles DWI and DUI cases throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101