J. MILLARD TAWES, Governor 1581
Article 27 of the Annotated Code of Maryland (1957 Edition),
title "Crimes and Punishments," subtitle "Health—Narcotic
Drugs," to make violations of the narcotic drug laws felonious
offenses and relating generally to the grade of offense for narcotic
law violations.
Section 1. Be it enacted by the General Assembly of Maryland,
That Section 300 of Article 27 of the Annotated Code of Maryland
(1957 Edition), title "Crimes and Punishments," subtitle "Health—
Narcotic Drugs," be and it is hereby repealed and re-enacted, with
amendments, to read as follows:
300.
Whoever ANY PERSON WHO violates any provision of this
subtitle AS CONTAINED IN SECTIONS 277, 291, OR 295,
WITH REGARD TO ANY NARCOTIC DRUG SPECIFIED
IN SECTION 276, SHALL BE CHARGED WITH COMMITTING
A FELONY, AND shall [upon conviction] be guilty of a
felony, and upon conviction shall be fined not more than
one thousand dollars ($1,000.00) and be imprisoned not less
than two or more than five years. For a second offense,
or if, in case of a first conviction of violation of any pro-
vision of this subtitle, the offender shall previously have been
convicted of any violation of the laws of the United States or of any
other state, territory or district relating to narcotic drugs or mari-
huana, the offender shall be fined not more than two thousand
dollars ($2,000.00) and be imprisoned not less than five or more
than ten years. For a third or subsequent offense, or if the
offender shall previously have been convicted two or more times in
the aggregate of any violation of the law of the United States or of
any other state, territory or district relating to narcotic drugs or
marihuana, the offender shall be fined not more than three thousand
dollars ($3,000.00) and be imprisoned not less than ten or more than
twenty years. And except in the case of conviction for a first offense
for violation of the provisions of this subtitle, the imposition or
execution of sentence shall not be suspended and probation or parole
shall not be granted until the minimum imprisonment herein provided
for the offense shall have been served. Provided, that if any such
offense shall consist of the sale, barter, peddling, exchange, dis-
pensing or supplying of a narcotic drug to a minor, in violation of
any provision of this subtitle, [said offense shall be deemed a
felony, and] any person found guilty thereof shall be imprisoned
for a term of not less than five nor more than twenty years, and
shall be subject to a fine as provided for hereinabove in this section.
Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1963. IS HEREBY DECLARED TO BE AN EMERGENCY
MEASURE AND NECESSARY FOR THE IMMEDIATE PRES-
ERVATION OF THE PUBLIC HEALTH AND SAFETY, AND
BEING PASSED BY A YEA AND NAY VOTE SUPPORTED BY
THREE-FIFTHS OF THE MEMBERS ELECTED TO EACH OF
THE TWO HOUSES OF THE GENERAL ASSEMBLY, THE SAME
SHALL TAKE EFFECT FROM THE DATE OF ITS PASSAGE.
Approved April 30, 1963.
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