Criminal Defense Lawyer Blog
The war on prescription drug abuse has been effective in decreasing the availability of commonly abused pills such as oxycodone and other narcotics. But as an unintended consequence, heroin use in Maryland has actually been on the rise. More people are using heroin, and state officials are reporting a significant jump in the number of deaths attributed to heroin overdoses in 2012. In fact, in the first half of 2012 heroin related overdoses increased 41 percent, with 205 deaths reported from January to July of this year compared to 145 in 2011 over the same time frame. There could be a wide variety of reasons for the jump in overdoses, which according to state officials signals a definite jump in use of the drug, but the leading factor is likely a recent crackdown on pill mills.
Pill mills have become a booming business over the past decade in dozens of states across the country. Most of the states affected lack actual legislation or strict medical board rules to control the amount of narcotics that are prescribed and purchased. Although there are thousands of legitimate pain clinics across the country with well trained and respected physicians, there are also some clinics who’s sole purpose is to rake in huge amounts of money with absolutely no motivation to care for their patients. These clinics are often owned by businessmen with no medical training, and sometimes employ doctors by the month. These doctors are been paid as much as $100,000 per month to simply write prescriptions all day, many times after speaking with their patients for less than 5 minutes. The prescriptions allow the patients to buy powerful narcotic painkillers such as oxycodone by the hundreds. Many of the patients are addicts themselves, and others simply use the pain clinics to obtain a cheap supply of the drugs to sell for a profit. It is not unreasonable for one person to walk out of a pill mill with a prescription for 300 oxycodone pills that sell for ten times more on the street than what it costs to buy in the pharmacy.
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The Maryland Legislature is scheduled to begin its 2013 legislative session next month, and marijuana is one issue that is sure to be hotly debated. Medical marijuana supporters and personal use advocates alike hope that this year’s session makes more progress in the fight for decriminalization. Toward the end of last year’s legislative session, the head of the state’s department of health went on record saying that he would not support decriminalization as long as federal law continued to define pot as an illegal controlled substance. The department head cited concerns that his state employees could be subject to federal prosecution under the controlled substances act and there would be nothing the state could do to protect them. The head of any state agency has a duty to protect his or her employees, but the broader issue is also that state lawmakers want to protect their constituents as well. It would certainly not look good for Annapolis if Maryland citizens were being prosecuted federally for following a law that their own delegates supported and eventually passed. But supporters of marijuana decriminalization have hope that this year will be different based on two influential votes on this past Election Day.
Various states have recently been modifying and in some cases eradicating criminal penalties for marijuana possession and manufacturing. As a result law enforcement has seen an uptick in shipping the drug from a state where it is legal to a state that has yet to join the legalization party. Despite recent modifications in the controlled dangerous substance laws, marijuana continues to be illegal under state law, and thus local and federal law enforcement have focused a great deal of attention on intercepting packaged drugs headed toward Maryland. Recently a large number of federal search warrants were unsealed in Baltimore, allowing the public to take a look inside the process and procedure of apprehending suspects that take delivery of packaged drugs.
The Thanksgiving holiday week is one of America’s favorite times of the year. During the day we eat our turkey, play and watch football, and take advantage of all the Black Friday shopping sales. But the Thanksgiving week and weekend is also known as a popular nightlife time. In fact, the Wednesday before Thanksgiving is the single most popular bar night of the year, and the Friday and Saturday after are not far behind. And whenever there is a party, you can be sure that police are not far behind to come crash it. The Maryland State Police recently made an attempt to crash the holiday week party by ramping up patrols across the state’s highways. Police were specifically targeting the roads in and out of popular nightlife spots and conducted almost 9,000 traffic stops over the holiday weekend. Out of the 9,000 traffic stops, nearly 100 resulted in an arrest for DUI. Close to 60 people were arrested or cited with drug offenses by state troopers, and over 100 were arrested for other crimes. Police also reported that 3 guns were confiscated during the traffic stops.
It was like stealing candy from a baby. At least it was for the police officers who recently arrested a Dundalk man for possession of marijuana with intent to distribute. Early in the morning hours employees at a Pennsylvania gas station observed the man placing unidentified candy bars in his pockets. The employees called 911 and law enforcement began searching the immediate area for a man matching the description. The man was spotted within ten minutes by local cops, who detained the Maryland man. After confirming the identification of the candy bar thief, police officers arrested the man for shoplifting. Search incident to arrest revealed two candy bars worth a total of $3.58. It is unclear whether the candy bars were king size, or if the gas station simply charges almost two dollars per bar. Nonetheless, the man would have likely avoided a trip to the local jail had he only been found in possession of candy, but that was not the case.
A Delaware resident was recently arrested on Maryland’s Eastern Shore after he allegedly led police on a multi county high speed chase. State Police troopers along with the Kent County Sheriffs Department collaborated in apprehending the suspect, who was charged with multiple traffic infractions and crimes. Some of the more serious crimes included fleeing and eluding, DUI, and negligent driving. The chase originated near Chestertown, which is the county seat, and largest city in Kent County. At about 2 in the afternoon, law enforcement received a call about a suspected drunk driver. Sheriffs responded to the area of the call, and one officer observed a Dodge Charger that matched the description in the call speeding along Route 213. The Officer initiated a traffic stop and made contact with the driver of the Charger. The contact with the Officer did not last long, as the driver took off at a high rate of speed. 
More campaign and lobbyist money was spent in 2012 than in any other election year in American history. Whether it was the estimated 3 billion dollars spent on the presidential race, or the 90 million dollars spend on expanding Maryland’s gambling laws, this Election Day will not soon be forgotten. And for those who have been fighting the decades long battle to legalize marijuana, this Election Day may go down in history as the vote that started it all. Two states, Colorado and Washington have passed laws that will effectively legalize the recreational use of marijuana. The Colorado law makes it legal for adults over the age of 21 to possess up to an ounce of pot, and authorizes homeowners to have up to 6 plants for the purposes of cultivating the drug. The Washington law also authorizes carrying up to an ounce, but requires that users buy their stash from state licensed distributors rather than growing it at home. Both states make still maintain that it is illegal to drive while under the influence of the drug, with Washington establishing a blood THC limit. Smoking marijuana in public will still be illegal and violators are subject to citation and fines similar to a public consumption of alcohol violation. Supporters of the propositions, which will turn into law within the next few months, were out in force celebrating the victory. Meanwhile, the opposition was left questioning the law’s supposed benefits as well as the complications that will accompany implication of the state laws.
The synthetic marijuana controversy is back in the news again in Maryland. Clashes between vendors and members of the community where the fake drug is being sold continue to butt heads, and Frederick is at the center of this latest dispute. A cigar store that also sells beer and wine on Market Street in downtown Frederick has seen sales of synthetic marijuana boom in the last few months. Commonly known as spice, which was the one of the product’s original names, synthetic marijuana is actually a blend of natural herbs that is sprayed with a chemical compound. The chemical is not one specific compound, but rather one of many that is designed to mimic the effects of THC. Many of these chemicals have been made illegal by the federal government, including the original spice and K2 compounds, but manufacturers have created new chemicals to skirt the federal regulations. The synthetic drug now lines the shelves of various tobacco shops and liquor stores in Maryland, and the product is flying off the shelves. While storeowners and smokers are thrilled about the product’s availability, members of the community are voicing their displeasure with spice sales.
Federal probation and parole in Maryland got a whole lot easier for some defendants from 2009 to 2010. Well, at least it was for the dozens of defendants who had been convicted of federal crimes, or recently released from federal custody and completed their mandatory drug testing requirements at the Maryland treatment centers of Clean and Sober or Drug and Alcohol Recovery. And it were the drug counselors and drug testers that were allegedly on the take of this large scale pay for pass scheme. According to indictment proceedings that were just released to the public, two former federal contractors from Rockville, Maryland were involved in a long standing bribery operation where drug testing results were falsified in exchange for monetary compensation. Both former drug testers had been under investigation for federal criminal charges including bribery, making false statements, and witness tampering, and both face considerable prison time. According to court documents, one drug tester pleaded guilty to bribery, and is awaiting sentencing while the other was recently indicted. The drug tester who did not plead guilty was arrested soon after the results of the grand jury investigation were released.