What Is Obtaining CDS by Fraud in Maryland?
Obtaining a controlled dangerous substance by fraud is a misdemeanor under Criminal Law § 5-601(a)(2). A person commits the offense by obtaining or attempting to obtain a controlled dangerous substance, or by procuring or attempting to procure the administration of a controlled dangerous substance, through fraud, deceit, misrepresentation, or subterfuge. The statute also covers counterfeiting or altering a prescription, concealing a material fact, using a false name or address, falsely representing oneself as an authorized provider, or presenting a false or counterfeit prescription. Information given to a physician in an effort to obtain a controlled dangerous substance in violation of the statute is not privileged or protected.
What Is the Maximum Penalty?
A first conviction under § 5-601 for obtaining a controlled dangerous substance by fraud carries a maximum penalty of 1 year in prison and a $5,000 fine. Subsequent convictions can carry enhanced penalties under the same section. Because the maximum penalty for a first offense exceeds 90 days, the defendant may pray a jury trial and move the case from District Court to the Circuit Court for Baltimore County.
How Does This Charge Differ from Simple Possession?
Simple possession under § 5-601(a)(1) requires proof that the accused possessed a controlled dangerous substance without a valid prescription or other lawful authorization. The fraud provision under § 5-601(a)(2) focuses on the means used to obtain the substance. A person can be charged with both if the facts support each theory. The fraud charge does not require proof that the person ultimately possessed the substance if the attempt is complete. Both are misdemeanors, but they have different elements.
Where Are These Cases Heard in Baltimore County?
First-offense cases under § 5-601 begin in District Court in Towson, Essex, or Catonsville. Because the maximum penalty exceeds 90 days, the defendant may pray a jury trial and move the case to the Circuit Court for Baltimore County, which sits only in Towson. Related charges, such as possession or identity fraud, may be filed in the same case and follow the same forum rules.
What to Do If You Are Charged with Obtaining CDS by Fraud
If you are charged with obtaining a controlled dangerous substance by fraud in Baltimore County, the charging document will show which District Court location was assigned. 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 attorney Stephen P. Shepard can review the charging document and explain the elements the State must prove.
For a first conviction, the maximum penalty is 1 year in prison and a $5,000 fine under Criminal Law § 5-601.
No. The statute covers both obtaining and attempting to obtain a controlled dangerous substance by the listed means.
Cases begin in District Court in Towson, Essex, or Catonsville and can be moved to Circuit Court in Towson by a jury-trial prayer.
