Silver Spring Drug Possession Lawyer

Drug Possession Attorney Defending Clients in Silver Spring, MD

Drug possession is one of the most common offenses people are charged with nearly everywhere in the country. This is partially because addiction affects people of all backgrounds, and partially due to the recreational drug culture that is particularly common among young people. Fortunately, simple possession of a controlled substance is a misdemeanor offense in Maryland, regardless of which substance you had. However, it can carry serious consequences, including up to four years in prison.

The Law Offices of Gerstenfield & Demirji, PC. is experienced in representing people who have been arrested for drug possession in Montgomery County. Our attorneys will do all we can to provide you with the best defense possible under the circumstances. We find that most people charged with drug possession and other drug-related offenses, like distribution, are struggling with a substance abuse problem and need treatment, not jail time.

Maryland's New Cannabis Laws

As of 2023, it is legal for adults 21 years old and older to possess and use small amounts of cannabis. However, those under 21 years old can still face civil penalties—similar to a traffic ticket—for possessing any amount of cannabis. People of any age who possess more than the legally permissible amount may face misdemeanor charges. Those found in possession of amounts that exceed the personal use or growth for personal use limits will be charged with drug possession, or possibly distribution if there is evidence to suggest that the person intended to sell or otherwise distribute the cannabis.

Possession of a Controlled Substance Laws in Maryland

Possessing a controlled substance other than cannabis or a pharmaceutical drug you have a prescription for is a misdemeanor crime. Misdemeanor possession means having an amount of any illicit drug that suggests you were using it yourself, rather than distributing it. You can be charged with a felony if you had an excessive amount of the substance in your possession, as the state may assume that you planned to sell the substance to others.

The good news is that people facing simple possession charges are no longer subject to mandatory minimum sentencing, meaning that you may be able to avoid long terms of incarceration. This drug sentencing reform is due to increased awareness of the complex factors that lead people to become addicted to drugs. Courts have begun to favor treatment over incarceration, as those who receive treatment and stay clean for a period of time are far less likely to re-offend.

The Opioid Crisis in Maryland

Maryland has been hit hard by the opioid epidemic. Drugs like prescription pain medicines and heroin are rampant. These substances are highly addictive. Few who begin using them are able to stop on their own without intervention. Almost a third of Maryland residents have a loved one who is addicted to opioids, making incarcerating everyone caught with these substances wildly impractical.

Most people caught with opioids they did not have a prescription for are not dangerous criminals at all. Our attorneys have represented many people who became addicted to opioids after receiving a legitimate prescription following an injury or severe illness, like cancer. Some of these poeple turn to heroin after their prescriptions expire and they can no longer afford to purchase prescription pain pills at street prices. Others begin self-medicating in response to a traumatic event in their lives, such as being the victim of a violent or sexual crime.

Our goal is to get people who are struggling with addiction into treatment programs that will address the root cause of their problem rather than allowing these people to be incarcerated.

Contact a Silver Spring, MD Drug Possession Attorney

The Law Offices of Gerstenfield & Demirji, PC. is dedicated to helping people who have been charged with drug possession receive treatment rather than being put in jail. Our experienced Silver Spring drug possession lawyers will put forth the best defense possible on your behalf. Contact us at 301-589-9500 for a complimentary consultation.