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Statutes Text

Article - Criminal Law




§5–609.

    (a)    Except as otherwise provided in this section, a person who violates a provision of §§ 5–602 through 5–606 of this subtitle with respect to any of the following controlled dangerous substances is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $15,000 or both:

        (1)    phencyclidine;

        (2)    1–(1–phenylcyclohexyl) piperidine;

        (3)    1–phenylcyclohexylamine;

        (4)    1–piperidinocyclohexanecarbonitrile;

        (5)    N–ethyl–1–phenylcyclohexylamine;

        (6)    1–(1–phenylcyclohexyl)–pyrrolidine;

        (7)    1–(1–(2–thienyl)–cyclohexyl)–piperidine;

        (8)    lysergic acid diethylamide; or

        (9)    750 grams or more of 3, 4–methylenedioxymethamphetamine (MDMA).

    (b)    A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 20 years or a fine not exceeding $15,000 or both if the person previously has been convicted once:

        (1)    under subsection (a) of this section or § 5–608 of this subtitle;

        (2)    of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 of this subtitle;

        (3)    of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–608 of this subtitle if committed in this State; or

        (4)    of any combination of these crimes.

    (c)    (1)    A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both if the person previously:

            (i)    has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction under subsection (a) of this section, § 5–608 of this subtitle, or § 5–614 of this subtitle; and

            (ii)    if the convictions do not arise from a single incident, has been convicted twice:

                1.    under subsection (a) of this section or § 5–608 of this subtitle;

                2.    of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 of this subtitle;

                3.    of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–608 of this subtitle if committed in this State; or

                4.    of any combination of these crimes.

        (2)    A separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime.

    (d)    A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 40 years or a fine not exceeding $25,000 or both if the person previously has served three separate terms of confinement as a result of three separate convictions:

        (1)    under subsection (a) of this section or § 5–608 of this subtitle;

        (2)    of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 of this subtitle;

        (3)    of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–608 of this subtitle if committed in this State; or

        (4)    of any combination of these crimes.

    (e)    A person convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is not prohibited from participating in a drug treatment program under § 8–507 of the Health – General Article because of the length of the sentence.