Drug Possession Maryland Lawyer Frederick Illegal Control

Drug Possession Maryland Lawyer Frederick Illegal Control

Booker v. State

Facts:

Defendant sought review of orders of the Criminal Court of Frederick (Maryland), which convicted him on counts of possession and of control of heroin. Chemical analysis showed that two out of 16 capsules defendant possessed “traces” of heroin hydrochloride. Defendant argued that to sustain his conviction the drug must have been in such quantity as to be capable of being useable under known practices of drug addicts. He claimed that the traces of heroin in the capsules were useless for either sale or consumption and thus was not a narcotic drug within the meaning of statutes.

If you are facing a criminal case in Frederick, Maryland, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

We have client meeting locations in Montgomery County (Rockville) & Baltimore, Maryland

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Drug Possession Maryland Lawyer Frederick Illegal Control
Drug Possession Maryland Lawyer Frederick Illegal Control

Holdings:

The Maryland Court made the following holding:
  • If a substance is within a statutory definition of a “narcotic drug,” the quantity is immaterial with regard to its illegal possession or control. There need be only such quantity, no matter how minute, sufficient to make possible a proper determination that it is a narcotic drug in order to sustain a conviction upon proof of its possession or control.
  • “Narcotic drugs” means opium and “opium” includes heroin. Md. Code Ann. art. 27, § 276(m), (o).

We have client meeting locations in Montgomery County (Rockville) & Baltimore, Maryland

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.