Sample Essay On Maryland Code Law § 5-601

1.     Rule

            Mr. Brown has been charged with 1. possessing or administering controlled dangerous substance, 2. Manufacturing, distributing, possession with intent to distribute, or dispensing controlled dangerous substance, 3. Wearing, carrying, or transporting a handgun, and 4. Possession or use of restricted firearm ammunition relating to commission of crime prohibited. Mr. Brown was seen handing a baggie of green matter to another person, which was inferred to be marijuana by the police officers on the scene. Marijuana is considered a Schedule I dangerous substance under Maryland Code Law (Schedule I, 2020). According to Maryland Code Law § 5-601 a person may not possess, administer, obtain or attempt to obtain a controlled dangerous substance. Mr. Brown is known to have possessed, administered and attempted to obtain marijuana inside the residence. For having found two scales and $1,541.00 in cash on Mr. Browns person, this can indicate that he had the intent to distribute the marijuana found on the scene. Maryland Code Law § 5-602 prohibits the manufacturing, distributing, possession with intent to distribute, or dispensing controlled dangerous substance. Having the handgun next to himself, Mr. Brown, can be charged with constructive possession, this means that even though the gun was not on Mr. Brown’s person, he was still able to have the capacity to take physical possession of the handgun (HG.org). Wearing, carrying, or transporting a handgun is prohibited under Maryland Code Law, since these handguns were not properly registered and no one had a permit to carry the handguns (Wearing, carrying, or transporting handgun, 2018). Since the handguns were prohibited and illegal for Mr. Brown to possess, if they were loaded, then he would also be in the possession of the firearm ammunition. According to Maryland Code Law § 4-110 it’s prohibited to be in possession or use of restricted firearm ammunition relating to the commission of crime prohibited.

2.     Analysis

            Since the officers saw Mr. Brown hand over the baggie of green matter and a smoking device to another person through a window, Mr. Brown could be charged with possessing and administering a dangerous substance. Previously stated, marijuana is considered to be a Schedule I dangerous substance under Maryland Code Law. When doing the pat search, two scales along with $1,541.00 in cash were found on Mr. Brown; this indicates that he had the intent to sell or distribute the marijuana that was found in the residence. This also reiterates why he was charged with the statute of distributing, possession with intent to distribute, or dispensing a controlled dangerous substance. There were three handguns found under the couch that Mr. Brown was sitting on and one in between the cushions of the couch. Mr. Brown was able to gain control of the handguns, if he wanted to. This being the reason why he was charged with wearing, carrying, or transporting a handgun. Depending on whether the handguns were loaded with ammunition or not will determine if the charge of possession or use of restricted firearm ammunition will stick. If there wasn’t any ammunition in the handguns, then these charges could be dropped. However, if Mr. Brown was in possession of the handguns, then he was in possession of the ammunition inside of the handguns.

3.     Conclusion

Mr. Brown violated Maryland law; not on all the statutes that were represented though. Since, the police officers view could have been obstructed from the window, I do not think Mr. Brown should be charged with the administering of a dangerous substance. Still, when searched the police officers found enough evidence to charge him with the intent to distribute a controlled substance. I also agree that Mr. Brown should be charged with the possession of a prohibited handgun and possession of ammunition of a prohibited handgun. A handgun was found in between the couch cushions right next to where Mr. Brown was sitting. This in my eyes makes him in possession of the handgun, and depending on if the handgun was loaded, makes him in possession of the ammunition inside of the handgun. 

References

The 4th Amendment of the U.S. Constitution. National Constitution Center – The 4th Amendmentof the U.S. Constitution. (n.d.). https://constitutioncenter.org/interactive-constitution/amendment/amendment-iv.

HG.org. (n.d.). When Can You Be Held Responsible for Drugs or Guns That Aren't Yours? Hg. org Legal Resources . https://www.hg.org/legal-articles/when-can-you-be-held-responsible-for-drugs-or-guns-that-aren-t-yours-31626.

Manufacotring, distributing, possession with intent to distribute, or dispensing controlled dangerous substance,

Maryland Code Law § 5-602 (2017). Retrieved from https://govt.westlaw.com/mdc/Document/N43377D6164BF11E6A37BE96E68D8378F?viewType=FullText&originationContext=documenttoc&transitionType=StatuteNavigator&contextData=%28sc.Default%29Maryland Police. (2013, July). SEARCH AND SEIZURE (WARRANTLESS). Retrieved from https://mcp.maryland.gov/Directive%20Manual/15-111.pdf

Possessing or administering controlled substance, Maryland Code Law § 5-601 (2017). Retrieved from https://govt.westlaw.com/mdc/Document/NCDCD8E815E6411E6AB19F8472C0A1330?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

Possession or use of restricted firearm ammunition relating to commission of crime prohibited, Maryland Code Law § 4-110 (2013). Retrieved from https://govt.westlaw.com/mdc/Document/ND829DDD0EFF311E28136F9A85E321584?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)