What Happens When You Get Caught with Drugs as a Minor?

Getting caught with drugs as a minor is serious, but it doesn’t have to ruin your future. In Maryland, juvenile drug crimes are handled differently than adult offenses, with a focus on rehabilitation rather than punishment. That said, the consequences can still be severe and can affect your record, your education, and even your freedom.

Not sure what constitutes a juvenile drug crime? Worried that you could face charges for possessing a little marijuana for personal use? Read on to learn more.

What are juvenile drug crimes?

Juvenile drug crimes include possession, distribution, or use of illegal substances by anyone under 18. In Maryland, common charges minors face include:

• Possession of a controlled substance– Having drugs like marijuana, cocaine, or prescription pills without a prescription.
• Possession with intent to distribute– Having a larger quantity of drugs, packaging materials, or cash that suggests selling.
• Paraphernalia possession– Being caught with pipes, syringes, or other drug-related equipment.

Even a small amount of drugs can lead to criminal charges, and how the case is handled depends on the circumstances of the arrest. Note that drug-related crimes often coincide with other crimes, including violent crimes like assault and assault with a deadly weapon. Gun crimes continue to rise across all Maryland counties (and are often tied to drugs in one way or another).

What about marijuana?

Maryland made medical marijuana legal in 2013 and recreational marijuana use legal in 2023. However, that doesn’t mean that anyone and everyone can use it without ramifications. There are still laws surrounding it, like the fact that you must be 21 or older to legally use it. It’s also regulated like alcohol when it comes to getting behind the wheel of a vehicle. If you’re under 21, marijuana possession can mean criminal charges.

Juvenile drug crime statistics

While it is difficult to locate juvenile drug crime statistics for Maryland as a whole, many counties and municipalities publish the number of juveniles arrested for drug-related crimes, as well as the types of crimes in question.

For instance, Baltimore publishes information on individuals aged 10 to 17 “arrested for drug-related offenses per 1,000 juveniles that live in an area.” Those include possession, sale, manufacture, or abuse of illegal drugs.

Because these are juveniles, those crimes also include alcohol, in addition to more illicit substances. According to a news report, only eight drug-related cases occurred in Maryland between October 1 and December 1, 2024.

What happens after an arrest?

If you’re caught with drugs as a minor, the process can vary depending on the situation. However, it typically follows these steps:

• Detainment by law enforcement– Police will take you into custody, notify your parents, and decide whether to release you or hold you for a hearing. A lot goes into that decision, including the nature of the incident (were you just smoking a joint, or were there firearms involved?), your demeanor and actions toward the officers, and more.
• Juvenile court intake– A juvenile intake officer reviews the case and decides whether to dismiss it, assign you to a diversion program, or send it to court. Very minor infractions on the part of someone with no criminal history might be dismissed, but if you have a history of drug charges or a criminal history, chances are good that the case won’t be dismissed.
• Juvenile court proceedings – If your case goes to court, a judge—not a jury—will determine the outcome. The goal is rehabilitation, but penalties can still be pretty significant. Your juvenile record will be sealed, but that doesn’t mean they’re inaccessible when you’re an adult. Maryland law allows access to juvenile records under certain circumstances. However, you may qualify for expungement.

In addition to understanding what the process typically looks like, you also need to know what you could expect in terms of outcomes.

What are the potential consequences?

The penalties for juvenile drug crimes in Maryland vary, and they’re based on the severity of the offense and whether it’s a first-time or repeat charge. A few possible outcomes include the following:

• Diversion programs– First-time offenders may be required to complete a drug education or counseling program in exchange for case dismissal. Again, the goal is rehabilitation, not punishment. Education can go a long way toward helping people struggling in this area to make better life choices.
• Probation– A judge may place you on probation with conditions like regular drug testing, community service, or curfews. Community service isn’t punitive; it’s designed to help you get involved with your local community and do good while showing the judge that you’re able to abide by the law.
• Detention– In more serious cases, you could be placed in a juvenile detention center. This is usually reserved for juveniles with multiple offenses, those involved in violent crimes in addition to drug crimes, and other serious situations.
• Criminal record– While juvenile records are often sealed, some drug charges can have long-term consequences, especially if you’re tried as an adult. And understand that very serious charges may mean that’s what you face. These can include drug trafficking, as well as adding crimes like rape or murder to a drug charge.

Can a juvenile drug charge be expunged?

In many cases, yes. Maryland law allows certain juvenile records to be sealed or expunged, meaning they won’t show up in background checks for schools, jobs, or housing. However, not all charges qualify, and the process isn’t automatic; you’ll need to petition the court.

Why you need a juvenile defense lawyer

If you or your child has been charged with a drug-related offense, a juvenile drug crimes lawyer can help. An experienced attorney can:

• Work to get charges reduced or dismissed.
• Advocate for diversion programs instead of detention.
• Protect your rights and your future.

Getting caught with drugs as a minor doesn’t have to define your life. With the right legal help, you can navigate the system, minimize the impact, and move forward. If you’re facing juvenile drug charges in Maryland, contact Drew Cochran Law today for a consultation.