Is Marijuana Oil Legal in Maryland?
Cannabidiol (CBD) has the ability to treat a number of chronic conditions, thereby increasing its demand. It is used in a variety of products, including marijuana oil. However, there is a question on whether marijuana oil is legal in various states, including Maryland. While CBD is legal in all US states, certain derivatives are illegal, so you need to look closely at your oil.
Is CBD Made from Hemp or Marijuana?
The substance from which your CBD was derived will help determine whether you are at risk for criminal charges if you are arrested for possession. Marijuana and hemp are both part of the cannabis family, so they have a number of similarities, but one major difference sets them apart. Hemp and marijuana produce entirely different levels of the psychoactive substance Tetrahydrocannabinol (THC).
Marijuana can contain up to 30% THC, while hemp is under 0.3% THC. This means it is essentially impossible to get “high” off hemp.
Hemp-Derived CBD Oil is Legal
Because there is no risk of psychoactive effects with hemp-based products, the law is not concerned with products made from it. They are legal in all 50 states, yet you may see some people who still have some negative feelings against hemp-based products, but that is likely because they believe it to be marijuana. Products made from marijuana are completely different.
Legal Use of CBD in Maryland
Medical marijuana is legal in Maryland under certain conditions. For recreational use, however, its use remains illegal. Before purchasing any products that contain CBD, you must have a prescription issued by a licensed and certified medical doctor. In addition, each state has an acceptable level of THC allowed in a product, which can be anywhere from 0.3% to 8%. It is imperative you have a valid prescription or you run the risk of criminal charges.
Penalties for Marijuana in Maryland
If you do not have authorization to have marijuana in your possession, you could face both federal and/or state criminal charges. Maryland has lightened up some on the laws, allowing possession of under 10 grams to be declared a civil offense rather than one requiring incarceration and fines. For example, a first offense might result in a fine of up to $100.
The ten grams is a key measure, as possession of 10 grams to 50 pounds can result in a year in prison and/or up to $1,000 fine. Anyone arrested for possession who is under 21 or facing their third offense must complete a mandatory clinical assessment and drug education program.
If you are arrested for selling drugs, the penalties can be significantly higher. For example, if you are accused of selling marijuana with under 50 pounds in possession, you are facing a felony with a potential penalty of up to five years and/or fine of $15,000. Over 50 pounds is a felony with no less than 40 years, and subsequent offenses are double penalties, with a minimum of two years in prison.
Retaining a Maryland Criminal Attorney
If you have been arrested for possession of marijuana or were unfairly charged for drug possession related to hemp-related products, you need to speak with an experienced Maryland criminal defense attorney. Contact the Law Office of Robert R. Castro today at 301-705-5137 to schedule a consultation.
