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Defense Options for Possession of Controlled Substances

Drug Possession Charges? Know Your Rights.

You’ve been charged with possession of a controlled dangerous substance (CDS). What now? Here’s everything you need to know about controlled substances and the defense options that Albers & Associates can provide you with if you are found in possession of any classification of these substances.

Possession of Controlled Substances

What Qualifies as a Controlled Substance?

In Maryland, the Food and Drug Administration (FDA) classifies controlled dangerous substances under different categories, depending on a) the potential for dependency and abuse and b) the absence or presence of medical approval for the substance. The primary 3 classes are:

Schedule IThese are the most dangerous controlled substances, as they have no medically accepted use and have the highest potential for dependency and abuse. Effects can be physical, psychological, or both. The most common Schedule I substances include:

  • Ecstasy
  • Peyote
  • LSD
  • Heroin

Note: Marijuana is currently still considered a Schedule I CDS, although many have advocated for its removal from this classification since it no longer meets the criteria of having “no currently accepted medical use.”

Schedule II – These substances are known to have a very high risk of abuse and dependency, but the primary difference between Schedule I and Schedule II CDSs is that the latter are approved for medical use (with restrictions). Drugs classified as Schedule II are:

  • Oxycodone
  • Vicodin
  • Methamphetamines
  • Dilaudid
  • Morphine
  • Cocaine
  • Opium

Schedule III – CDSs under the Schedule III classification are not only approved for medical use but prescriptions for these substances can be approved by medical professionals. The risk of physical dependency for these drugs is lower than the previous, but psychological dependency is high. Schedule III substances include:

  • Codeine
  • Suboxone
  • Narcotics
  • Ketamine
  • Anabolic Steroids

Penalties for Possession of a Controlled Substance

The schedule of the drug you were caught in possession of will be the greatest factor in determining the penalties you will face. Additionally, if you are caught with a large amount or were committing another crime while in possession of the CDS (e.g. manufacturing, distribution, transporting, importing of the drug), your punishment will be more severe. Penalties vary depending upon these factors mentioned, but can be anything from a fine to a 40-year minimum sentence in prison.

Defense Options for CDS Possession Charges in Maryland

Schedule I, II, and III drug possession charges carry serious consequences and can remain on your record for a very long time, which is why hiring an experienced drug crime defense attorney is vital if you are convicted of this crime. They will use their knowledge of the law and criminal trials in order to obtain the most favorable results for you.

Ross W. Albers is your best resource for legal defense in drug, criminal, and DUI cases in Maryland. We are dedicated to ensuring that your trial and penalties are just and that you are not assessed unfair punishment for your crime.

For more information on CDS possession penalties or to request your free legal consultation, contact us today.

Criminal Defense FAQs

Can I Appeal My Criminal Case?

If your case was tried in the District Court of Maryland, you do have the right to an appeal which would result in a brand new trial that doesn’t regard the findings of the initial court that tried your case. You have 30 days from the date of sentencing to appeal a case.

Will the State Appoint Me a Defense Attorney?

You may choose to accept legal assistance from a state-appointed lawyer during your trial. However, working with a criminal defense attorney at Albers & Associates means you’ll receive more personalized and dedicated care from a lawyer who is dedicated to aggressively pursuing the best outcome possible for every client they work with.

Why Do I Need a Criminal Defense Attorney for a DUI?

Maryland is one of the states in the U.S. That assesses both administrative and criminal penalties when someone is charged with a DUI. This means that fines, license suspension, and imprisonment are all commonly assessed when a driver has been caught doing so under the influence. The MVA handles most of the administrative charges, but a criminal defense lawyer is necessary if you want to avoid harsher penalties for the criminal charges.