Articles Posted in Drug Arrests

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pills_money-300x199The Maryland State Police recently announced the indictments of 18 defendants in a large drug conspiracy that spanned numerous counties and stretched into Delaware. The investigation began last fall state when police investigators received information that a male suspect was involved in a drug trafficking ring operating out of Queen Anne’s County. Narcotics detectives had reason to believe that this particular suspect, who lived in Kent County, assisted in the importation and distribution of large amounts of opioids including oxycodone, fentanyl, morphine, methadone and heroin throughout the state. Further investigation also revealed this suspect’s alleged involvement with another Kent County man in cocaine trafficking. Both male suspects were self employed, which further peaked the interests of law enforcement officers about the possibility of ongoing money laundering. As the investigation progressed, police officers from numerous jurisdictions including Talbot County and Anne Arundel County coordinated their efforts to develop more suspects in the case. Delaware State Police, Natural Resources Police, and local departments from Chestertown and Centreville also assisted, and the culmination of this investigation occurred this past week with the announcement of 18 arrests from indictments in the Circuit Court for Queen Anne’s County.

The two original suspects now face over 50 charges apiece, including multiple counts for conspiracy to distribute narcotics and CDS. According to the State Police report these two defendants allegedly conspired to import over 3.5 pounds of cocaine and 5000 pills, including 4000 of oxycodone and 50 pills each of morphine and fentanyl in just one 6-week period. The street value of these drugs is estimated at $130,000. Oddly, neither defendant faces any felony charges on these indictments; Maryland law classifies all conspiracy crimes as common law misdemeanors. But despite being misdemeanors, many of these counts carry 20-year maximum penalties, which state prosecutors will undoubtedly use as leverage to during plea negotiations. The extraordinarily high bails, one being $250,000 and the other being $350,000 also reflect the severity of these charges. There does not appear to be any physical evidence directly attributed to the two main defendants at this time (hence the conspiracy charges), though law enforcement did execute numerous search and seizure warrants and recovered a great deal of contraband. All told, there were 14 firearms, hundreds of pills, crack cocaine, marijuana and almost $100,000 dollars in U.S. currency recovered. Police also seized 15 vehicles that may be kept and then auctioned under state forfeiture laws.

The Blog will continue to follow this case as it progresses through the circuit court. It will be interesting to see whether there are any suppression issues raised in pre-trial proceedings, as it is unclear how police received all of their information. In any large-scale criminal investigation police often receive much of their intelligence from confidential informants, though CI’s alone will not suffice if the kingpins are careful. Prior coordinated law enforcement operations on the Eastern Shore have benefitted from the use of wiretap warrants, which could have sealed the fate of the defendants in this case.

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drugs-22237_640-300x198Lawmakers have made numerous attempts to curb the heroin epidemic in Maryland, and the governor has gone so far as to pronounce a state of emergency as overdose numbers continue to spike. Some Annapolis legislators considered passing a law that would allow the state to prosecute drug dealers under an enhanced 30-year jail penalty if their product caused a death, and we may see similar bills hit the state house floor in the future. State law enforcement is also joining in the fight, as Baltimore murder police are now beginning to investigate drug overdoses for potential links to dealers. The city police commissioner recently announced that five detectives working out of the homicide department will respond to both fatal and non-fatal overdoses. Baltimore is not the first jurisdiction to seek criminal evidence at overdose scenes, as Harford County narcotics detectives have already been showing up with first responder medics for the last two years. The Harford County Sheriff’s Office though was forced to scale this initiative back, as the sheer amount of overdoses proved too tough to manage.

State’s Attorney’s Offices around Maryland have also tried to do their part in furthering the agenda to combat the overdose epidemic. We previously posted about a defendant in Worcester County that was convicted and sentenced under state manslaughter law for selling heroin that ultimately resulted in a deadly overdose. Now another state prosecutor’s office has reported a manslaughter conviction in a CDS narcotics distribution case, and the defendant received the maximum penalty provided by the law. A Waldorf woman was just sentenced to 10 years in state prison in the Circuit Court for Charles County for selling fentanyl to man who later died of a drug overdose. The woman allegedly told the deceased buyer that her product was heroin when she knew that it was actually fentanyl, a far more powerful narcotic. This was reportedly the first time a defendant was convicted for manslaughter for selling drugs involved in an overdose in Charles County. The 34 year-old woman was also recently sentenced to 14 years in prison for another unrelated drug distribution charge, and was convicted and sentenced to probation on a third controlled dangerous substance case.

Law enforcement and state prosecutors may continue to seek enhanced penalties for drug dealers whose buyers overdose, but the deterrent effect of these measures is tough gauge. Harford County made a legitimate effort to seek out and prosecute dealers by investigating overdoses, but after two years their fatal and non-fatal overdose numbers remain largely unchanged. Efforts in Baltimore City may suffer the same fate, as the heroin epidemic is not under control in Maryland or anywhere else in America for that matter. In response to the public outcry government officials such as lawmakers, police chiefs and state’s attorneys tend to take the easy way out by announcing new initiatives to target suppliers. But a press release or two about a dealer serving extra time in prison gives these officials a false sense of accomplishment. The overdose numbers are not decreasing, and rather than targeting the endless supply of small time dealers officials should focus more on education, treatment and perhaps safe zones for users. While legalization and strict regulation of heroin would eliminate the type of street overdoses in the Worcester and Charles County cases, this is not a realistic solution at this point in time. The fact that legalization does not even warrant serious discussion is unfortunate, but there will come a time when government officials will have no choice but to consider it.

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thirteen-bags-of-marijuana-found-in-taxi-cabAnne Arundel County police officers recently executed a search warrant of an Annapolis home and recovered a massive stash of controlled substances. The stash was large in both volume and in variety, as police seized over 11 pounds of high quality marijuana as well as a large quantity of cocaine. Cops also discovered smaller but still significant amounts of LSD, ketamine, heroin and hash oil. Two men were arrested as a result of the search and seizure, which took place at around 3 in the afternoon. Charging documents allege that one of the men jumped out of a second story window and attempted to flee upon becoming aware of the police activity. This man, who lives in nearby Severna Park, allegedly threw a vial of ketamine into a neighbors yard before surrendering to law enforcement. The other defendant who lived at the house surrendered more quietly after opening the door for police. Both men are in their mid twenties and are now facing charges in the District Court for Anne Arundel County in Annapolis.

Although the two men were arrested together their current legal situations are much different. The 25-year old Severna Park man was released from custody and faces two misdemeanor drug possession charges, while the 23-year old remains in custody, and is facing a slew of felony charges. Some of these charges carry potential mandatory jail sentences that may come into play as the case moves to the Circuit Court. The felony charges consist of four counts of CDS possession with intent to distribute for each of the different types of drugs that were recovered. This includes one charge for possession with intent to distribute narcotics that is related to the cocaine, one count of possession with intent for the LSD, one for the marijuana and one for the ketamine.

The 23-year old defendant is also facing two counts of CDS possession large amount, which is a provision related to the drug kingpin laws that are aimed at deterring high-level drug trafficking. Under this statute the defendant is facing the possibility two five-year mandatory sentences for the cocaine and LSD that was recovered. The amount of cocaine required to trigger this charge is 448 grams and the police allegedly recovered 526 grams, and one thousand or more doses of LSD qualifies as a large amount under Maryland law and the police allegedly seized 1,800 doses. There was far more marijuana allegedly recovered in the Annapolis home that anything else, but the 11 pounds were way short of the 50-pound threshold for a CDS possession large amount pot charge.

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packs-163497_1280Despite years of scrutiny and two legislative task force inquiries the Maryland cash bail system has remained untouched. Thousands of defendants sit in jails statewide for months on end awaiting trial simply because they cannot afford to post bail. Many end up being released after their cases are dismissed, and others remain until accepting a guilty plea to time served or probation. In some cases the bails set by court commissioners or judges are exorbitantly high and in other cases the defendants simply cannot scrape together any amount of cash or collateral for a bail bondsman. The bail bond industry has been raking in profits for decades by preying off the desperate desire of defendants to get out of jail, and the industry’s hefty contributions to lawmakers have largely shielded it from reproach. But within the last month two influential members of the state’s legal community have spoken out against the current cash bail system, and their words have already translated to real change in the district and circuit criminal courts.

In mid October the newly elected Attorney General sent a memo to five state lawmakers declaring that judges and court commissioners must consider the defendant’s finances when determining an appropriate bail. The memo goes on to say that if bail is too high for the defendant the Court of Appeals in Annapolis would likely find it unlawful, and further states that an amount too high for the defendant to post would be excessive and a violation of Eighth Amendment of the United States Constitution. While the Attorney General’s memo was advisory and did not establish any type of rule of law, the Chief Judge of the District Court of Maryland took notice and sent a memo of his own. This memo instructs other District Court judges to treat monetary bail as a means to insure the defendant’s return to court, and not as a means to assure the public safety. Defense attorneys have been making this argument for years to court commissioners and judges across the state with little success. Too often our state judges use high bail amounts as a means to keep a defendant in custody pending his or her trial. These excessive bails are punitive and unconstitutional, but have become status quo in Maryland courts.

Excessive bails are set by judges and court commissioners all over the state, but this epidemic is particularly out of control in Baltimore City and to a lesser extent Baltimore County. Defendants arrested on drug charges such as possession with intent to distribute are often held on six-figure bail amounts, and end up paying thousands to bail bondsmen who lure customers with 1% down payment plans. It is not only drug charges that result in outrageous bail amounts, but also gun charges and alleged violent offenses where there is little objective evidence of guilt. The roots of the problem are the judges and commissioners that have been approaching bail hearings entirely wrong for years; they read the charges and set a bail amount solely on the alleged facts in the statement of probable cause. It becomes lost that defendants are to be presumed innocent at every step of the judicial process, including at a bail hearing.  But this finally appears to be changing as the Chief Judge’s memorandum is starting to show its influence in court. Defendants that do not pose a threat to the community and are not a legitimate flight risk are being released on their own recognizance. This falls in line with the least onerous means to assure the return of the defendant to court. Some defendants who are determined to be serious dangers to the community are being held in custody, but the judges are now putting their findings on the record, as instructed by the Chief Judge.

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pills_moneyPolice arresting two drug dealers is hardly worthy of a local news headline these days in Maryland. Crime statistics are dropping in many of the urban and suburban areas statewide, as the number of property and violent crimes are as low as they have been since the 1960’s when the state population was nearly half of what it is today. But drug crimes are not following the same trend, and these offenses are dominating the arrest statistics at most police departments. Controlled dangerous substance arrests occur so frequently that even local media outlets pass on reporting a bust unless the shear size makes it newsworthy, or if a celebrity, public official or law enforcement officer ends up being the arrestee. Occasionally though the facts are so bizarre or alarming that the media outlets pounce on a new drug case, and a recent bust out of Pasadena fits that bill.

Last week Anne Arundel County police officers arrested two alleged drug dealers that were suspected to have been selling their product from a residence that doubled as a daycare center. The female defendant owned the home and the center, which had its business license suspended in February and was operating illegally. But now the former child-care entrepreneur has a lot more to worry about than a citation for operating an unlicensed business. Law enforcement began investigating the daycare center after a tipster reported suspicious activity at the house, although two neighbors interviewed by the media stated they never observed anything out of the ordinary. Regardless police began gathering evidence for a search warrant, and eventually pieced together sufficient probable cause to gain a judges signature. Law enforcement executed the search warrant at 5:30 in the morning in order to avoid having any children present during the raid. Search warrants typically must be executed during daylight hours save for exigent circumstances, which this case certainly had.

It appears as if the raid yielded successful results, as both male and the female property owners were arrested on numerous drug offenses including felony possession with intent to distribute narcotics. The pair was also charged with reckless endangerment for keeping drugs in close proximity to children, and with simple possession not marijuana. In addition, the male defendant was charged with destruction of evidence under criminal law 9-307 for attempting to flush crack cocaine down the toilet during the raid. This is a misdemeanor with a three-year maximum jail sentence and in addition to destruction of evidence also covers fabricating and altering evidence of a crime. The two alleged daycare drug dealers have preliminary hearings set in the Annapolis District Court next month, but these cases will likely be indicted by a grand jury and sent directly to the Circuit Court for Anne Arundel County. We would expect the State’s Attorney to treat these cases with particular scorn for obvious reasons, so it would not be surprising to see both defendants serve jail sentences. The male defendant faces considerably more time due to his prior criminal record, and the fact that he could be charged as a subsequent offender due to a prior conviction for possession with intent to deliver, where he was sentenced to two years in prison.

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usa-1663297_1280Just three years ago United States Attorney’s Office for the District of Maryland made national headlines after announcing dozens of indictments for corruption and drug trafficking at the Baltimore City Jail. These indictments were the first major accomplishment of the Maryland Prison Task Force, a collaboration of law enforcement created in 2011 that includes the FBI, DPSCS, U.S. Marshal ‘s Service and the U.S. Attorney’s Office. The Task Force has remained active throughout Maryland’s jails, and recently made headlines for completing another massive corruption investigation, this time at the biggest prison facility in the state. The Eastern Correctional Institute or ECI is located in Somerset County on the Eastern shore, and houses over 3,000 inmates that have already been sentenced in court. It consists of two identical compounds with multiple housing units supervised by hundreds of correctional officers, and serviced by dozens of civilian contractors. With all the people moving in and around the facility it comes as no surprise that there would be contraband changing hands as well. It’s the scale of the conspiracy to move illegal goods such as drugs and cellphones within the facility that was far greater than expected.

The Department of Justice announced that a federal grand jury came back with indictments on 80 different individuals for their role in a massive conspiracy to move contraband throughout ECI for profit. The indictments charged 18 correctional officers, 35 inmates and 27 so called outside facilitators for their part in the conspiracy, which focused around bribing the prison officers to bring drugs, tobacco and phones to inmates. The officers allegedly would bring in packages containing contraband through prison security, and then deliver the cocaine, MDMA, marijuana, suboxone or other items to inmates who would pay using PayPal. Officers were paid as much as $500 each time they brought a package inside, and completed delivery in locations such as dining rooms, inmate’s cells or offices within the housing units.

Each defendant faces up to 20 years in federal prison for racketeering, a common charge used by the feds to severely punish those who take part in a large scale criminal conspiracy. The defendants also face felony drug distribution and possession with intent to distribute charges, which carries a 20-year sentence aw well. As of now, two of the corrections officers face additional time for the crime of depravation of rights under color of law for their role in facilitating the stabbing of two individuals who disrupted the flow of contraband. This charge exemplifies the type of public corruption that the DOJ and the FBI continue to focus on, and it gives their headlines a lot more teeth than just announcing a drug conspiracy. But really what this case boils down to is a massive law enforcement effort carried out by multiple agencies to stop inmates from getting high. This bust exposed nowhere near the level of criminal conduct of the bust at the Baltimore County Jail, as few jail conspiracies could ever rival that amount of corruption. Since the state created, and is paying for, a prison task force they will have to justify their existence and we should continue to see glorified jailhouse drug busts filed under the public corruption headline.

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maryland-280863_1280Holiday weekends motivate thousands to take to the highways to vacation or visit with friends and family. And in Maryland when the weather is warm, a large majority of these motorists travel between the Baltimore and D.C. metro areas and the Eastern Shore. Some stop in the smaller cities and towns along the way, but most end up in Ocean City or the Delaware beaches. Unfortunately there’s only one major thoroughfare between these two destinations, and the traffic can be a nightmare if you leave at the wrong time. Using nightmare to describe traffic might be a figure of speech, as Route 50 gridlock has become just part of the beachgoer experience. The real nightmares out on the highways are the serious car, motorcycle and truck accidents that injure or even claim the lives of those in search of a little sun and sand before heading back to work. Each year the Maryland State Police has made it a priority to do everything in their power to mitigate the increased risk of serious auto accidents that accompany the spring and summer holidays, and this past Labor Day weekend was no different.

In a recent press release State Police took credit for reducing crashes and keeping the public safe, thanks to various initiatives to post more troopers along the holiday driving routes. Initiatives such as Operation Showboat sent troopers posted in the Eastern Shore and the southern part of the state to specifically patrol the Route 50 stretch between the Chesapeake Bay Bridge and Ocean City. These troopers were targeting intoxicated drivers and anyone appearing to be operating in an unsafe manner. All told, MSP reported their troopers conducted over 9,000 traffic stops over the holiday week, and issued over 6,000 citations. There were 119 drunk driving arrests, including 10 arrested over the weekend by the much-publicized S.P.I.D.R.E team, a state police task force dedicated solely toward DUI and DWI enforcement. This task force took to the highways of Montgomery County, which has often been labeled as a drunk driving hotbed by law enforcement.

In addition to the thousands of citations and the 100 plus DUI arrests, the Labor Day traffic stops also produced 64 arrests unrelated to impaired driving. These unfortunate holiday motorists were probably pulled over for some minor traffic infraction (or nothing at all) and then arrested after a search yielded drugs or other contraband such as firearms. Police have made it a common practice to conduct traffic stops as a pretext to some other sort of investigation, and these stops have been ruled constitutional by the Supreme Court as long as there was reasonable suspicion to conduct the traffic stop in the first place. Along with the 64 arrests for new crimes, troopers also arrested 75 people who had outstanding arrest warrants. Law enforcement officers that locate wanted individuals do not even need probable cause to stop or detain, as the courts have held that you essentially lose many of your Fourth Amendment rights if you have a valid arrest warrant. This is true even if the arrest warrant was issued in error or never issued at all, as the only factor that matters is whether the officer reasonably believed you had a valid arrest warrant at the time of the seizure. Moral of this story is that if you have an arrest warrant or are traveling with a currently illegal substance such as marijuana, avoiding the main beach routes over the holidays might be in your best interest.

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thirteen-bags-of-marijuana-found-in-taxi-cabSix suspects have been charged with numerous drug crimes after local and federal police officers busted a large-scale marijuana distribution ring operating out of multiple quiet suburban neighborhoods. While the operation was based Montgomery County, where the charges have been filed, the six young men allegedly operated out of numerous storehouses for their product in other areas such as Baltimore County and even Virginia. According to police, the pot would be shipped in from California or Oregon and delivered to various homes in nondescript packages by the U.S. Postal Service. A network of dealers would then spread the product around, sometimes using Uber as their method of transportation. Montgomery County Police and the Postal Police worked together on the investigation, which yielded a seizure of upwards of 85 pounds of pot worth over $300,000 on the street. Although multiple people have been charged, investigators believe they have singled out the mastermind of the operation, a 22 year-old man who lives in Hagerstown.

The young man from Washington County was recently indicted on two felony drug trafficking counts, including the rarely used drug kingpin statute. This law was created to deter drug trafficking in Maryland, although it would be hard to argue it has been successful. The drug kingpin law targets those defendants that are alleged to be the organizers, financers or managers of a large conspiracy to bring controlled substances into the state for distribution. The penalties upon conviction are extremely harsh, and can in fact carry a stiffer sentence than violent crimes such as armed robbery and even second-degree murder. A drug kingpin defendant faces up to forty years in prison and an exorbitant one million dollar fine, but the real kicker is the 20-year minimum mandatory sentence that must be imposed upon conviction, and is not parole eligible. To put it into perspective, a person convicted of robbery with a firearm will spend 5 years in prison without being eligible for parole, while a typical second-degree murder convict could expect between 15 and 40 years of parole eligible incarceration. But under Maryland law a non-violent large-scale marijuana dealer faces an obscene two decades in prison, which unfortunately was not modified in the Justice Reinvestment Act that goes into effect this year.

Despite the fact that the young marijuana mogul faces an uphill battle in court, he will thankfully not likely have to contend with a 20-year minimum sentence. The alleged Hagerstown drug runner was also charged with importation of a controlled dangerous substance or CDS under Maryland criminal law 5-614. This statute covers trafficking large amounts of all types of drugs including marijuana, cocaine and heroin. Under this law, transporting between 5 and 45 kilograms of pot falls under the section with a 10-year maximum punishment. While it is not a guarantee, the state will probably use the kingpin statute as a deterrent to having prove the case at what will undoubtedly be a complex and time consuming trial. They will probably offer a plea to the transportation statute, which carries twice the prison exposure as the standard marijuana distribution/ possession with intent law, and does not carry a minimum mandatory sentence. This is clearly just an educated guess, but it would seem like reasonable plea offer if after going over the discovery it’s clear that the state can actually prove its case. The Blog will follow this case as is progresses through the circuit court in Rockville, and we may most a follow up article if necessary.

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annapolis-237078_960_720This past week the Governor’s Office in Annapolis announced that $3 million in state funds would be dedicated toward fighting the heroin epidemic in Maryland. Nearly a third of that money will provide funding for newly assigned heroin coordinators in law enforcement agencies across all regions of the state. The other $2 million plus will continue to fund the Safe Streets Initiative, a criminal offender based information sharing system that debuted in Anne Arundel County in 2008, and later expanded to Salisbury in 2010. There are now nine jurisdictions taking part in the initiative, which will receive tax dollars specifically dedicated toward the treatment and recovery of drug offenders. Five of the safe streets jurisdictions will acquire funds to hire peer recovery specialists.

The increased funding and the hiring of treatment specialists fall in line with the recommendations of the Heroin & Opioid Emergency Task Force, an initiative championed by Governor Larry Hogan. The governor has taken a hardline stance on the heroin epidemic in Maryland since being elected, and one of his first moves was to sign an executive order establishing the task force back in January of 2015. The eleven-member task force released 33 recommendations this past December, and now state officials are mobilizing to make these recommendations reality. In addition to expanding treatment and recovery options, the funds will also support the designation of the Baltimore-Washington High Intensity Drug Trafficking Area as the epicenter of the war on heroin. All drug related intelligence gathered by law enforcement around the state will flow through the metro area headquarters where it will be indexed and analyzed. In theory this will facilitate the tracking and eventual arrest of suspected drug traffickers and street level dealers. It remains to be seen whether the money would be better spend by simply hiring more qualified police officers, and encouraging them to communicate with other departments.

The governor’s war on heroin certainly creates buzz and headlines, and gives the impression that the state is at least trying to curb the heroin epidemic. But there are still far more headlines about drug overdoses and drug busts. Just days ago a man died from an apparent drug overdose at a Worcester County hospital after being taken into custody by Ocean City police. He was arrested on CDS possession with intent to distribute charges after police located 1,500 packets of heroin in his vehicle. Headlines like these have become so commonplace that it seems like the state’s war on heroin is going in the wrong direction. And as the federal government can attest to, the war on drugs is simply a never ending battle, and adding more cops and making more arrests is arguably not the correct path to victory. It could be even be argued that arresting drug dealers just keeps the price of heroin high, thus making it more attractive for others to start dealing.

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cannabis-1418339__340The Maryland State Police recently announced one of the largest highway pot busts in years after two young men from Philadelphia were caught driving with over 900 pounds of marijuana. The bust began as a routine traffic stop of a U-Haul van for an alleged unsafe lane change on the northbound side of I95 near Elkton. As the trooper was conducting the traffic stop he apparently noticed suspicious signs of criminal activity, and then brought out his drug sniffing K9 to assist. The dog alerted the trooper to the presence of a controlled substance, which led to a search of the van. Considering the amount of pot that was recovered it probably didn’t take long for the trooper to locate the stash and then arrest the two unlucky travelers. As it stands now, both occupants of the van are charged with four separate criminal charges, three of which are felonies. To add insult to injury, the driver was also cited for a $90 moving violation for his alleged unsafe lane change.

The two men are charged with possession of marijuana, but this is undoubtedly the least of their troubles. Each also faces possession with intent to distribute, which carries a maximum penalty of 5 years in prison, and one count of large amount controlled dangerous substance possession. Upon conviction, this charge has a minimum sentence of 5 years, and no portion of the sentence can be suspended. While the Justice Reinvestment Act will soon phase out minimum mandatory sentences for many drug crimes, the 5-year large amount sentence will remain law. This statute includes almost every street drug, including cocaine, meth, and opioids such as heroin and oxycodone. The amount required for a “large amount” charge varies by drug, but for marijuana all that is required is 50 pounds or more.

The fourth and final charge that the two young men are facing falls under a seldom used law that makes it illegal to import certain controlled substances into the state. This offense makes it a felony punishable by up to 25 years in prison to bring large amounts of drugs into Maryland. The cutoff for marijuana is oddly 45 kilograms, which is about twice the amount required under the large amount statute. Importing between 5 and 45 kilograms of pot triggers a lower maximum jail sentence of ten years. This offense is relatively rare for state court because multi state drug trafficking cases are often handled by federal law enforcement such as the DEA. In this specific case though there was no ongoing investigation, but rather the trooper basically just stumbled upon this mega stash of pot. This offense can also create issues for the prosecution, as it is an essential element of the charge to actually prove the defendants brought drugs in from beyond the border. In this case the state will need to prove more than just the fact that the defendants are from Pennsylvania, or that the van was rented in another state.