Can the State Charge Separate Counts?
Maryland Criminal Law § 5-601 prohibits the possession of a controlled dangerous substance unless it was obtained by prescription or, in the case of cannabis, is within the personal use amount for a person 21 or older. When more than one controlled dangerous substance is found, the State may charge a separate count for each substance. Each count is treated as a separate offense for purposes of proof and sentencing. The State must still prove every element of possession for each substance, including knowledge of the presence and illicit nature of that substance. The presence of multiple substances does not automatically increase the classification of any single count, but it can result in multiple convictions and consecutive or concurrent sentences.
What Are the Maximum Penalties?
For a first conviction of possession of a controlled dangerous substance other than cannabis, the maximum penalty under § 5-601 is 1 year in prison and a $5,000 fine. A second or third conviction carries a maximum penalty of 18 months and a $5,000 fine. A fourth or subsequent conviction carries a maximum penalty of 2 years and a $5,000 fine. Cannabis possession within the personal use amount is treated differently and is generally a civil offense for adults 21 and older. When the State charges multiple counts, the court may impose consecutive sentences up to the statutory maximum for each count, or the court may run the sentences concurrently. The total exposure therefore depends on the number of substances charged and the defendant’s prior record.
What Must the State Prove for Each Substance?
For each count, the State must prove that the accused possessed the substance and knew of its presence and illicit nature. Possession can be actual or constructive. Constructive possession requires proof that the accused knew of the substance and had both the ability and the intent to exercise control over it. When multiple substances are found in the same location, the State must still connect the accused to each substance. Proximity to several substances is not enough by itself. The packaging, location, and any statements or conduct by the accused remain relevant to each count. A laboratory report identifying each substance is typically required to prove the identity of the controlled dangerous substance.
Where Are These Cases Heard in Baltimore County?
Possession of a controlled dangerous substance is a misdemeanor. Cases begin in District Court in Towson, Essex, or Catonsville, depending on the location of the alleged offense. Because the maximum penalty for a first conviction exceeds 90 days, the defendant may pray a jury trial and move the case to the Circuit Court for Baltimore County in Towson. When multiple counts are charged, the entire case moves together if a jury trial is prayed. Motions to suppress evidence obtained from an unlawful search are heard in the court that will try the case. The charging document will list each substance as a separate count.
Common Issues in Multiple-Substance Cases
Common issues include whether the accused knew of each substance, whether the substances were possessed jointly with another person, and whether the search that led to the discovery of the substances was lawful. When substances are found in a vehicle or residence occupied by more than one person, the State must still prove knowledge and control as to each substance. Laboratory analysis is required to establish the identity of each substance. Challenges to the chain of custody or to the sufficiency of the evidence of knowledge can affect one or more counts. The number of counts can also affect plea negotiations and the potential aggregate sentence.
What to Do If You Are Charged
If you are charged with possession of multiple controlled dangerous substances in Baltimore County, the charging document will show which District Court location was assigned and will list each substance. Shepard Law represents clients facing these charges in Towson, Essex, Catonsville, and the Circuit Court in Towson. Call (410) 648-4008 to schedule a free, confidential consultation. Criminal defense lawyer Stephen P. Shepard can review the facts and explain how the State must prove each count.
Yes. Each controlled dangerous substance can support a separate count under § 5-601.
For CDS other than cannabis, the maximum penalty is 1 year in prison and a $5,000 fine.
Yes. Knowledge of the presence and illicit nature of each substance is an essential element.
