CDS Possession - Not Marijuana Lawyer in Baltimore County, Maryland
Defending Controlled Dangerous Substance Possession Charges (Excluding Marijuana) in Towson and Throughout Baltimore County
If you or a loved one has been charged with possession of a controlled dangerous substance (CDS) other than marijuana in Baltimore County, Maryland, the consequences can be serious and life-altering. Under Maryland Criminal Law § 5-601, these charges carry significant penalties, including potential incarceration, substantial fines, and a permanent criminal record that may affect employment, housing, professional licenses, and more.
At Shepard Law, principal attorney Stephen P. Shepard provides experienced, aggressive, and client-centered criminal defense representation to individuals facing CDS possession charges in Baltimore County District and Circuit Courts. With over thirteen years of dedicated service defending clients throughout Towson, Essex, Catonsville, and surrounding areas, our firm is committed to protecting your rights and achieving the best possible outcome in your case.
Contact Shepard Law today at (410) 648-4008 or fill out our secure contact form for a free, confidential consultation. We offer flexible scheduling, including jail consultations for a fee, and stand ready to defend you immediately.
Understanding CDS Possession Charges (Not Marijuana) Under Maryland Law
Maryland Criminal Law Code Ann. § 5-601 prohibits the possession or administration of a controlled dangerous substance unless it was obtained directly or by valid prescription or order from an authorized provider acting in the course of professional practice. This statute applies to substances such as cocaine, heroin, fentanyl, methamphetamine, ecstasy, LSD, prescription opioids (e.g., oxycodone, Percocet), and other scheduled controlled substances
To secure a conviction for CDS possession, the State must prove beyond a reasonable doubt the following elements:
- That the defendant knowingly possessed the substance;
- That the defendant knew the general character or illicit nature of the substance; and
- That the substance was a controlled dangerous substance.
Possession may be actual (direct physical control with intent to exercise that control) or constructive (power and intention to exercise control, either personally or through another). Courts evaluate constructive possession based on all surrounding circumstances, including proximity to the substance, ownership or possessory interest in the location, and any indications of participation in its use or enjoyment. There is no minimum quantity required for a conviction.
Penalties for CDS Possession (Not Marijuana) in Maryland
A violation of § 5-601 for CDS possession other than cannabis is a misdemeanor. Penalties escalate with prior convictions:
- First conviction: Imprisonment not exceeding 1 year, a fine not exceeding $5,000, or both.
- Second or third conviction: Imprisonment not exceeding 18 months, a fine not exceeding $5,000, or both.
- Fourth or subsequent conviction: Imprisonment not exceeding 2 years, a fine not exceeding $5,000, or both.
Courts may also order a substance use disorder assessment through the Maryland Department of Health prior to sentencing and, where appropriate, require treatment as a condition of probation. A conviction can trigger collateral consequences, including driver’s license impacts, employment barriers, and immigration issues.
Strong Defenses to CDS Possession Charges
At Shepard Law, we meticulously investigate every case to identify and pursue all available defenses, including:
- Lack of knowing possession or knowledge of the substance’s illicit nature.
- Absence of actual or constructive possession (e.g., mere presence near the substance is insufficient).
- Valid prescription or lawful authorization.
- Unlawful search or seizure violating constitutional rights.
- Insufficient evidence or chain-of-custody issues.
- Substance use disorder treatment alternatives in lieu of incarceration.
Our goal is to secure dismissal, reduction of charges, or the most favorable resolution possible—whether through negotiation or trial.
Why Choose Shepard Law for Your CDS Possession Defense in Baltimore County
Stephen P. Shepard is an award-winning Baltimore County criminal defense attorney recognized by Super Lawyers as a “Rising Star” (2020–present), Avvo with a 10.0 “Superb” rating, Martindale-Hubbell as a “Client Champion Platinum,” and The National Trial Lawyers as a “Top 40 Under 40” and “Top 100 Trial Lawyer.” He is a member of the Baltimore County Bar Association, Maryland Criminal Defense Attorneys Association, and other professional organizations.
Our Towson office, located at 303 W. Pennsylvania Avenue, Towson, MD 21204, serves clients across Baltimore County. We provide compassionate, client-centered representation tailored to your unique circumstances. At Shepard Law, you are not just another case—you are a client whose future we fight to protect.
Take Immediate Action – Contact Shepard Law Today
Facing CDS possession charges (not marijuana) demands prompt, skilled legal representation. Do not navigate the Baltimore County criminal justice system alone.
Call Shepard Law at (410) 648-4008 or fill out the secure form below now for a free consultation. We are available to discuss your case confidentially and begin building your defense strategy without delay.