Criminal Law - Drug Trafficking Crime - Definition

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0171*

HOUSE BILL 171
E1 6lr1515
HB 1202/25 – JUD (PRE–FILED)
By: Delegates Valentine and Simmons
Requested: October 31, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Criminal Law – Drug Trafficking Crime – Definition 2

FOR the purpose of altering the definition of “drug trafficking crime” applicable to 3
prohibitions against possessing, using, wearing, carrying, or transporting a firearm 4
during and in relation to a drug trafficking crime; and generally relating to drug 5
trafficking crime. 6

BY repealing and reenacting, without amendments, 7
Article – Criminal Law 8
Section 5–602(b)(1), 5–603(b), and 5–621(a)(1), (b), and (c) 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2025 Supplement) 11

BY repealing and reenacting, with amendments, 12
Article – Criminal Law 13
Section 5–621(a)(2) 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2025 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Criminal Law 19

5–602. 20

(b) (1) Except as otherwise provided in this title, a person may not possess 21
cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to 22
distribute or dispense cannabis. 23

2 HOUSE BILL 171

5–603. 1

(b) Except as otherwise provided in this title, a person may not cultivate or grow 2
cannabis or manufacture a cannabis product, or manu facture, distribute, or possess a 3
machine, equipment, an instrument, an implement, a device, or a combination of them that 4
is adapted to produce cannabis or a cannabis product under circumstances that reasonably 5
indicate an intent to use it to produce, sel l, or dispense cannabis or a cannabis product in 6
violation of this title. 7

5–621. 8

(a) (1) In this section the following words have the meanings indicated. 9

(2) “Drug trafficking crime” means: 10

(I) a felony or a conspiracy to commit a felony involving the 11
possession, distribution, manufacture, or importation of a controlled dangerous substance 12
under §§ 5–602 through 5–609 and 5–614 of this subtitle; OR 13

(II) A MISDEMEANOR OR A C ONSPIRACY TO COMMIT A 14
MISDEMEANOR IN VIOLATION OF § 5–602(B)(1) OR § 5–603(B) OF THIS SUBTITLE. 15

(b) During and in relation to a drug trafficking crime, a person may not: 16

(1) possess a firearm under sufficient circumstances to constitute a nexus 17
to the drug trafficking crime; or 18

(2) use, wear, carry, or transport a firearm. 19

(c) (1) In addition to the sentence provided for the drug trafficking crime, a 20
person who violates subsection (b) of this section is guilty of a felony and on conviction is 21
subject to: 22

(i) for a first violation, imprisonment for not les s than 5 years and 23
not exceeding 20 years; or 24

(ii) for each subsequent violation, imprisonment for not less than 10 25
years and not exceeding 20 years. 26

(2) (i) The court shall impose a minimum sentence of 5 years under 27
paragraph (1)(i) of this subsection. 28

(ii) The court shall impose a minimum sentence of 10 years under 29
paragraph (1)(ii) of this subsection. 30

HOUSE BILL 171 3

(3) (i) A court may not suspend any part of a mandatory minimum 1
sentence. 2

(ii) Except as provided in § 4 –305 of the Correctional Services 3
Article, a person sentenced under this subsection is not eligible for parole. 4

(iii) A sentence imposed under paragraph (1)(ii) of this subsection 5
shall be consecutive to and not concurrent with any other sentence imposed by virtue of the 6
commission of the drug trafficking crime. 7

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2026. 9