Criminal Law - Drug Trafficking Crime - Definition

SB 406 redefines "drug trafficking crime" in Maryland law to include misdemeanor violations of cannabis possession (specifically § 5-602(b)(1) and § 5-603(b)), not just felonies. This means individuals charged with misdemeanor cannabis offenses - like possessing quantities suggesting intent to distribute - will now be subject to firearm restrictions during those offenses. The bill adds that possessing a firearm during such a misdemeanor cannabis violation constitutes a separate felony, carrying a mandatory minimum 5-year prison sentence for a first offense. It directly affects people facing misdemeanor cannabis charges by expanding the scope of offenses triggering enhanced firearm penalties. The changes take effect October 1, 2026.