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Published on 12/13/2024, 8:15:00 AM

Maryland Law on CDS Distribution with a Firearm: CDS Distr Etc. W/Firearm

Drug distribution charges in Maryland carry significant penalties, but when combined with possession of a firearm, the stakes are even higher. Maryland Criminal Code 5-621(b)(2) addresses the possession or use of a firearm during the distribution or attempted distribution of controlled dangerous substances (CDS). If you or a loved one faces these charges, understanding the law and potential defenses is critical.

What Does CR 5-621(b)(2) Prohibit?

Under Maryland law, CR 5-621(b)(2) makes it illegal for any person to:

This statute applies to all CDS classifications, from heroin and cocaine to unlawfully distributed prescription drugs. The law aims to deter drug-related violence and criminal activity associated with firearms.

Penalties for Violating CR 5-621(b)(2)

Violating this statute carries severe consequences, including:

  1. Imprisonment: A mandatory minimum sentence of 5 years, which must be served consecutively to any sentence for the underlying CDS offense.
  2. Fines: Additional monetary penalties that can escalate depending on the specifics of the case.
  3. No Suspension or Parole: The mandatory minimum sentence cannot be suspended, and parole eligibility is excluded during the minimum term.

These penalties reflect Maryland's strict stance against the combination of firearms and drug-related crimes. For more on the consequences of drug offenses, visit our page on drug distribution charges.

Defenses Against CR 5-621(b)(2) Charges

While the penalties are severe, several defenses may apply depending on the facts of your case. Potential defenses include:

  • Lack of Connection: Proving that the firearm was not possessed or used in connection with drug distribution. For example, if the firearm was lawfully owned and unrelated to the alleged drug activity, this could weaken the prosecution's case.
  • Unlawful Search and Seizure: Evidence obtained during an illegal search or without proper warrants may be suppressed under the Fourth Amendment. Learn more about your rights regarding unlawful search and seizure and probable cause.

Why This Law Matters

The combination of drug distribution and firearms poses unique challenges to law enforcement and communities, increasing the potential for violence. Maryland's harsh penalties aim to curb such activity by sending a strong message to offenders. For additional context, see our article on firearm offenses.

FAQs

Q: What qualifies as a firearm under CR section 5-621(b)(2)?

A: Maryland law defines a firearm broadly to include handguns, rifles, shotguns, and other devices capable of expelling a projectile.

Q: Does the firearm have to be loaded to violate this law?

A: No, the statute applies regardless of whether the firearm is loaded or operational during the alleged offense.

Q: Can this charge be combined with other offenses?

A: Yes, charges under CR section 5-621(b)(2) are often filed alongside drug distribution charges and other firearm-related offenses. The sentences for these crimes are typically served consecutively.

Why You Need a Defense Attorney

Facing charges under CR section 5-621(b)(2) can be life-altering. The mandatory minimum sentences and no-parole requirements make it critical to mount a strong defense. At FrizWoods, our experienced attorneys specialize in defending complex drug and firearm cases. Contact us today for a free consultation and let us help protect your rights.