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Maryland Code, Criminal Law § 5-609

Current as of December 31, 2021 | Updated by FindLaw Staff

(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.

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Cite this article: FindLaw.com - Maryland Code, Criminal Law § 5-609 - last updated December 31, 2021 | https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-5-609/

Read this complete Maryland Code, Criminal Law § 5-609 on Westlaw

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