USA - Baltimore - local law and cocaine

[ckfier]

SWIM who isn't me used to use quite a bit of ck1 in the Baltimore area and has been wondering for sometime now if anyone know laws and logistics regarding the Baltimore City and Baltimore County area. For instance what is the amount that is considered mere possession versus intent? Is there anyone who has been incarcerated for either who is a member of this forum? The reason SWIM wants to know is because he left the area for a period of time and has recently returned to find that many things have changed. People who were originally involved are no longer and SWIM is curious about consequences that may have been incurred. I hope that this thread isn't two forward regarding location, but it seems important to know specifics about one's home. SWIM has also heard that in this area often times punishment for marijuanna possession has been greater that for cocaine - can this really be the case esp. since Gov. Ehrlich attempted to pass legislation that allowed medical marijuanna users to use there conditions as a defense in court? Mainly SWIM wants discussion regarding his home.

[Benga]

moved to law and order

b

[Alekseev]

First, in Maryland the penalties for drug offenses can be quite hard. In most cases, there are mandatory minimum sentences. In the case that SWIY simply possesses for personal use, then SWIY would be guilty of a misdemeanor and receive a prison sentence not exceeding 4 years and/or a $25,000 fine.

Now, it is next to impossible to say when an amount is considered simple possession versus possession w/ intent to distribute. Many factors may aid in how this is judged such as how many doses are involved, the weight of it/them (obviously), the area arrested in, previous offenses, and how polite SWIY was to the officer. The last one goes a very long way, trust me. It can literally make or break how SWIY spends the next couple of years. In general, small amounts like a gram or two will undoubtedly be considered simple possession, but it really depends. There is usually a short investigation to find out about SWIY, such as if he has been dealing somewhere else.

Cocaine HCL and Cocaine base (crack) are dealt with differently in the state of Maryland. For instance, to be considered a "volume dealer," one would be in possession of more than 448 grams of cocaine HCL and/or 50 grams of cocaine base (crack). Under these amounts, the penalty would be a mandatory (unsuspended) minimum sentence of 5 years and a fine of no more than $100,000. These are very large amounts and are clearly not personal use amounts (if so, that's a hell of an addiction).

Either way, if SWIY is arrested, then he should get an attorney (have a good one available or in your mind just in case). Most likely they will not push a reasonable amount to the PWID level, but sometimes they do. The DA's often drop these as plea bargains are the often resorted to.

Marijuana laws are tough (50 pounds of marijuana is a mandatory 5 years w/o parole), but there is defense to it as you said. Those who use it for medical reasons may use this defense in court. Obviously this won't work if you're in there for 50 pounds, but an ounce or so might if you prove a medical illness permits it.

Hope this helps (if you don't fall asleep half-way through...)