Drug misuse continues to devastate communities across the country. Maryland is no different, prompting increased law enforcement. Maryland police work hard to stop illegal drugs from spreading in our communities.
Traffic stops can help officers catch people carrying drugs on the roads. Whether you have prescription medicine with you or the police wrongly suspect you of drug possession, knowing your rights during these stops can help you ease your anxiety and protect yourself.
When police can legally search your vehicle
Law enforcement needs either your consent or probable cause to search your car. Probable cause means officers must have reasonable evidence suggesting criminal activity. Police might claim probable cause if they:
- Smell marijuana or other drugs on you
- Notice drug paraphernalia in plain view
- Observe shifty or suspicious behavior
- Have a drug-detection dog alert to your vehicle
- Witness you hiding items during the stop
Remember, you maintain the right to refuse a search request politely.
What Maryland law considers drug possession
Maryland defines possession as having direct physical control over prohibited substances. This includes situations where drugs remain in your vehicle without your knowledge.
For example, if a friend leaves illegal pills in your car, you could face possession charges. It doesn’t matter whether the illegal drugs are yours.
Similarly, you can face charges if you transport prescription medications for family members without proper documentation. This is especially true if the medications are Schedule I or II prescription drugs.
Potential consequences of drug possession
Drug possession charges vary based on the substance type and amount. Schedule I drugs like heroin carry harsher penalties than lower-scheduled substances. Possession with intent to distribute brings additional consequences, especially if the stop occurred near schools or parks.
Establish intent to defend your rights
Intent plays a significant role in drug possession cases. Just because you have drugs in your car doesn’t automatically mean you will get a conviction. Your side of the story matters, especially if you didn’t know about the drugs or have them for a legitimate reason.
Consider working with a trusted criminal defense attorney. They can help explain your rights, explore your defense options, and fight for you in court.