Challenging a Drug Possession Charge in Maryland

 Posted on November 14, 2025 in Drug Crimes

If you are accused of carrying even a small quantity of an illicit substance, it could have serious implications for your future. Depending on the offense, a conviction could come with thousands of dollars in fines and a long prison sentence. For charges involving possession with the intent to distribute, you face even stricter penalties under Maryland law. With the help of an Annapolis, MD drug crime defense lawyer, you can contest allegations of drug possession in court.

At the Law Offices of Murphy & Price LLP, our attorneys have experience as former state prosecutors, giving us keen insights into defending against misdemeanor and felony charges. We will explore all possible avenues to help you avoid a conviction or reduce the penalties of a possession charge.

What Are My Constitutional Rights in a Drug Possession Case?

One of the most common defenses in drug crime cases is citing a breach of constitutional rights. The Fourth Amendment of the United States Constitution protects you from unreasonable search and seizure, which applies to drug cases when law enforcement officers overstep their bounds to obtain evidence. For example, if your house was searched without a warrant or probable cause, the search itself could be illegal.

An attorney can review the circumstances behind your arrest to see if your constitutional rights were violated at any point. Identifying a violation and filing a motion with the court could lead to the suppression of evidence.

Lack of Possession as a Defense to Drug Crimes

If you are found with drugs on your person, the prosecutor can argue that you knowingly possessed an illegal substance, exposing you to criminal penalties. However, when multiple people are involved – such as drugs found at a party or in somebody’s car – it may become difficult to tell who actually possessed the substance.

"Constructive possession" refers to drugs not found on somebody’s person, but that are argued to belong to him or her based on other evidence. In these cases, the prosecution has to show that the defendant was aware of the drug and had access to or control over it. A defense attorney can cast doubt on constructive possession by arguing that you could not have known where the drugs were, or that they belonged to another party in the vicinity.

Disputing False Allegations of Drug Possession

Sometimes, people end up charged with drug possession due to mistakes of fact or false allegations. False accusations can be disputed through different means, such as:

• Providing a reliable alibi that places you away from the scene of the alleged offense

• Citing a lack of evidence 

• Questioning the credibility or ulterior motives of witnesses

• Proving that the "drug" in question was not an illegal substance

Contact an Anne Arundel County, MD Drug Crime Defense Attorney

Drug crimes carry a heavy stigma that can follow you well after a conviction and burden you with a lifelong criminal record. At the Law Offices of Murphy & Price LLP, our Annapolis, MD drug possession defense lawyers are here to help protect your rights. Call our offices at 410-280-2500 to arrange a free initial consultation today.