What Is the Personal Use Amount of Cannabis?
Under Maryland law, the personal use amount of cannabis is defined as up to 1.5 ounces of cannabis, up to 12 grams of concentrated cannabis, cannabis products containing up to 750 milligrams of delta-9-THC, or up to 2 cannabis plants. Beginning July 1, 2023, an individual who is at least 21 years old may lawfully possess the personal use amount. Possession of the personal use amount by a person under 21, or possession of the civil use amount, is generally a civil offense rather than a criminal offense. The civil use amount is the amount above the personal use amount but below the threshold that triggers a criminal charge.
When Does Possession Become a Criminal Charge?
Possession of cannabis above the civil use amount is a criminal misdemeanor under Criminal Law § 5-601. The maximum penalty for a criminal possession charge involving cannabis is up to 6 months in jail and a $1,000 fine. Because the maximum penalty exceeds 90 days, the defendant may pray a jury trial and move the case from District Court to the Circuit Court for Baltimore County. The State must prove that the accused knowingly possessed more than the personal use amount. The weight and form of the cannabis are therefore central to the charge.
What Is Possession with Intent to Distribute?
Possession with intent to distribute is a separate offense under Criminal Law § 5-602. The State must prove that the accused possessed the cannabis with the specific intent to distribute it. Intent can be inferred from the quantity, packaging, the presence of scales or baggies, large amounts of cash, or statements. Sharing cannabis with another adult 21 or older is permitted if the amount shared does not exceed the personal use amount and no money or other remuneration is exchanged. Transferring more than the personal use amount, or accepting payment, can support a charge of possession with intent to distribute.
How Do Courts Distinguish the Two?
The personal use amount focuses on quantity. Possession with intent to distribute focuses on intent. A person can possess more than the personal use amount without the intent to distribute, and a person can possess less than the personal use amount and still be charged with intent to distribute if the evidence of intent is strong. The presence of packaging materials, multiple baggies, or communications about sales are common factors the State uses to prove intent. The absence of those factors can support an argument that the cannabis was for personal use.
Where Are These Cases Heard in Baltimore County?
Criminal possession and possession with intent to distribute cases begin in District Court in Towson, Essex, or Catonsville. Because the maximum penalties exceed 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. Civil citations for the personal use or civil use amount are handled differently and do not create a criminal record. Motions to suppress evidence obtained from an unlawful search are heard in the court that will try the criminal case.
What to Do If You Are Charged
If you are charged with possession of cannabis or possession with intent to distribute 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 facts and explain the difference between the personal use amount and a distribution charge.
The personal use amount is up to 1.5 ounces of cannabis, up to 12 grams of concentrated cannabis, cannabis products containing up to 750 milligrams of delta-9-THC, or up to 2 cannabis plants.
No. Adults 21 and older may lawfully possess the personal use amount under Criminal Law § 5-601.
Possession above the civil use amount is a criminal misdemeanor. The maximum penalty is 6 months in prison and a $1,000 fine.
Yes. Sharing is permitted only if the amount does not exceed the personal use amount and no money or other remuneration is exchanged. Accepting payment or transferring more can support a possession with intent to distribute charge.
Possession with intent to distribute is charged under § 5-602 and carries higher maximum penalties than simple possession. The exact penalty depends on the facts and any enhancements.
