About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.



Statute Text

ati344742.tmp
Article - Criminal Law
§5–619.  
(a)   To determine whether an object is drug paraphernalia, a court shall consider, among other logically relevant factors:
(1)   any statement by an owner or a person in control of the object concerning its use;
(2)   any prior conviction of an owner or a person in control of the object under a State or federal law relating to a controlled dangerous substance;
(3)   the proximity of the object, in time and space, to a direct violation of this section or to a controlled dangerous substance;
(4)   a residue of a controlled dangerous substance on the object;
(5)   direct or circumstantial evidence of the intent of an owner or a person in control of the object to deliver it to another who, the owner or the person knows or should reasonably know, intends to use the object to facilitate a violation of this section;
(6)   any instructions, oral or written, provided with the object concerning its use;
(7)   any descriptive materials accompanying the object that explain or depict its use;
(8)   national and local advertising concerning use of the object;
(9)   the manner in which the object is displayed for sale;
(10)   whether the owner or a person in control of the object is a licensed distributor or dealer of tobacco products or other legitimate supplier of related items to the community;
(11)   direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(12)   the existence and scope of legitimate uses for the object in the community; and
(13)   expert testimony concerning use of the object.
(b)   The innocence of an owner or a person in control of the object as to a direct violation of this section does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
(c)    (1)   This subsection does not apply to the use or possession of drug paraphernalia involving the use or possession of marijuana.
(2)   Unless authorized under this title, a person may not use or possess with intent to use drug paraphernalia to:
(i)   plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled dangerous substance; or
(ii)   inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance.
(3)   A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:
(i)   for a first violation, a fine not exceeding $500; and
(ii)   for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
(4)   A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating subsection (d)(4) of this section is subject to the penalty specified under paragraph (3)(ii) of this subsection.
(d)    (1)   Unless authorized under this title, a person may not deliver or sell, or manufacture or possess with intent to deliver or sell, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that the drug paraphernalia will be used to:
(i)   plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled dangerous substance; or
(ii)   inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance.
(2)   A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:
(i)   for a first violation, a fine not exceeding $500; and
(ii)   for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
(3)   A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating paragraph (4) of this subsection is subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
(4)   If a person who is at least 18 years old violates paragraph (1) of this subsection by delivering drug paraphernalia to a minor who is at least 3 years younger than the person, the person is guilty of a separate misdemeanor and on conviction is subject to imprisonment not exceeding 8 years or a fine not exceeding $15,000 or both.
(e)    (1)   A person may not advertise in a newspaper, magazine, handbill, poster, sign, mailing, or other writing or publication, or by sound truck, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, wholly or partly, is to promote the sale or delivery of drug paraphernalia.
(2)   A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:
(i)   for a first violation, a fine not exceeding $500; and
(ii)   for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.