Marvin Mandel, Governor                         513

sativa L. or more generally known as marihuana shall be guilty of a
felony, and upon conviction shall be imprisoned for one year NOT
MORE THAN TWO FIVE YEARS OR FINED NOT MORE THAN
ONE THOUSAND DOLLARS ($1,000), OR BOTH SENTENCED
TO A TERM OF IMPRISONMENT FOR NOT MORE THAN FIVE
(5) YEARS, A FINE OF NOT MORE THAN FIFTEEN THOU-
SAND DOLLARS ($15,000), OR BOTH. For a second or
subsequent offense, or if, in the case of a first conviction for the sale of
marihuana, the offender shall previously have been convicted of any
violation of the laws of the United States or any other state, territory
or district relating to the sale of marihuan POSSESSION, USE OR
SALE OF NARCOTIC DRUGS OR MARIHUANA, the offender
shall be imprisoned for NOT MORE THAN five TEN years. OR
FINED NOT MORE THAN TWO THOUSAND DOLLARS ($2,000),
OR BOTH PUNISHABLE BY A TERM OF IMPRISONMENT
TWICE THAT AUTHORIZED FOR A FIRST OFFENSE, BY
TWICE THE FINE AUTHORIZED FOR A FIRST OFFENSE, OR
BY BOTH.

[(b)] (d) Any person who violates any of the provisions of this
subtitle, other than those referred to in subsections (a),(b), or (c)
with regard to any narcotic drug specified in Section 276 herein,
shall be guilty of a misdemeanor, and upon conviction shall be fined
not more than one thousand dollars ($1,000) and shall be imprisoned
for not less than two or more than five years.                       

Sec. 2. And be it further enacted, That this Act shall take effect

July 1, 1970.

SEC. 2. AND BE IT FURTHER ENACTED, THAT THE PRO-
VISIONS OF THIS ACT SHALL APPLY TO ANY PROCEEDINGS
NOT FINALLY ADJUDICATED ON THE EFFECTIVE DATE
OF THE ACT.

SEC. 3. AND BE IT FURTHER ENACTED, THAT THIS ACT
IS HEREBY DECLARED TO BE AN EMERGENCY MEASURE
AND NECESSARY FOR THE IMMEDIATE PRESERVATION
OF THE PUBLIC HEALTH AND SAFETY AND HAVING
BEEN PASSED BY A YEA AND NAY VOTE SUPPORTED BY
THREE-FIFTHS OF ALL 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 15, 1970

CHAPTER 238
(House Bill 500)

AN ACT to repeal and re-enact, with amendments, Section 594B(e)
of Article 27 of the Annotated Code of Maryland (1969 Supple-
ment), title "Crimes and Punishments," subtitle "Arrests," to add
those crimes and offenses enumerated and referred to in Sections