CDS (Controlled Dangerous Substance) possession is one of the most common charges in the courts. There is a long list of substances which are classified as "CDS." Generally, if a substance requires a physician's prescription, it is likely a CDS.
An important rule: Even traces of CDS constitute possession in Maryland. Maryland is different from many states, the District of Columbia being one, which requires that the CDS be present in a usable amount in order to convict for CDS possession.
The maximum penalty for CDS possession is 4 years and/or a $25,000 fine.
The elements of CDS possession are: (1) that the defendant knowingly possessed the substance, (2) that the defendant knew the general character or illicit nature of the substance and (3) that the substance was a controlled dangerous substance.
Less serious is the crime of marijuana possession. The elements are the same -- however, the maximum penalty for marijuana possession is imprisonment of not more than 1 year and/or $1,000 fine.
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