Criminal Law - Drug Trafficking Crime - Definition

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0406*

SENATE BILL 406
E1 6lr3054
CF HB 171
By: Senators Gile and Attar
Introduced and read first time: January 29, 2026
Assigned to: Judicial Proceedings

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 firear m 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 ENACTE D 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

5–603. 24
2 SENATE BILL 406

(b) Except as otherwise provided in this title, a person may not cultivate or grow 1
cannabis or manufacture a cannabis product, or manufacture, distribute, or possess a 2
machine, equipment, an instrument, an implement, a device, or a combination of them that 3
is adapted to produce cannabis or a cannabis product under circumstances that reasonably 4
indicate an intent to use it to produce, sell, or dispense cannabis or a cannabis product in 5
violation of this title. 6

5–621. 7

(a) (1) In this section the following words have the meanings indicated. 8

(2) “Drug trafficking crime” means: 9

(I) a felony or a conspiracy to commit a felony involving the 10
possession, distribution, manufacture, or importation of a controlled dangerous substance 11
under §§ 5–602 through 5–609 and 5–614 of this subtitle; OR 12

(II) A MISDEMEANOR OR A C ONSPIRACY TO COMMIT A 13
MISDEMEANOR IN VIOLATION OF § 5–602(B)(1) OR § 5–603(B) OF THIS SUBTITLE. 14

(b) During and in relation to a drug trafficking crime, a person may not: 15

(1) possess a firearm under sufficient circumstances to constitute a nexus 16
to the drug trafficking crime; or 17

(2) use, wear, carry, or transport a firearm. 18

(c) (1) In addition to the sentence prov ided for the drug trafficking crime, a 19
person who violates subsection (b) of this section is guilty of a felony and on conviction is 20
subject to: 21

(i) for a first violation, imprisonment for not less than 5 years and 22
not exceeding 20 years; or 23

(ii) for each subsequent violation, imprisonment for not less than 10 24
years and not exceeding 20 years. 25

(2) (i) The court shall impose a minimum sentence of 5 years under 26
paragraph (1)(i) of this subsection. 27

(ii) The court shall impose a minimum sentence of 10 years under 28
paragraph (1)(ii) of this subsection. 29

(3) (i) A court may not suspend any part of a mandatory minimum 30
sentence. 31
SENATE BILL 406 3

(ii) Except as provided in § 4 –305 of the Correctional Services 1
Article, a person sentenced under this subsection is not eligible for parole. 2

(iii) A sentence imposed under paragraph (1)(ii) of this subsection 3
shall be consecutive to and not concurrent with any other sentence imposed by virtue of the 4
commission of the drug trafficking crime. 5

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2026. 7