ANTHONY GREENE v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Alpert, June 8, 2018,
CDS – The crime of CDS Possession does not require proof that the defendant did not have a prescription. Prescriptions are a defense, not an element of the crime.

Facts:
In 2016, Greene was charged in Montgomery County with Possession with Intent to Distribute Clonazepam and Oxycodone. He was not, however, charged with simple possession of those drugs.
Greene was convicted of simple possession.
Greene appealed, arguing that he couldn’t have been convicted of simple possession because he wasn’t charged with it and it’s not a lesser included offense of possession with intent to distribute.

Held: CDS Possession is a lesser included offense of Possession with Intent to Distribute CDS.

CDS Possession – It is illegal to “possess or administer to another a controlled dangerous substance, unless obtained directly or by prescription or order from an authorized provider acting in the course of professional practice”

CDS Possession – Whether or not an individual has a prescription is “an exception, not an element of the crime of simple possession of a controlled dangerous substance.”

CDS – Exceptions/Defenses – The burden of proving a defense or exception is “on the person claiming its benefit.”

From the Case: Maryland’s CDS law “clearly frees the State from having to prove the absence of a prescription to secure a conviction for simple possession of a prescribed drug.”

CDS Possession – CDS Possession is a lesser included offense of possession of CDS with an intent to distribute