Marvin Mandel, Governor                        1101

(1)  a substance classified in Schedules I or II which is a narcotic
drug shall, upon conviction, be deemed guilty of a felony and sen-
tenced to a term of imprisonment for not more than twenty (20)
years, and a fine of not more than twenty-five thousand dollars
($25,000) or both. Nothing in this subsection shall prevent, prohibit
or make eligible any convicted defendant from participating in the
rehabilitation program under Article 43B, Sections 12 and 13, as
amended from time to time, because of the length of sentence.

(2)  Any other controlled dangerous substance classified in Sched-
ule I, II, III, [or] IV, or V shall, upon conviction, be deemed guilty
of a felony and sentenced to a term of imprisonment for not more
than five (5) years or a fine of not more than fifteen thousand dollars
($15,000), or both.

(3) Any person who violates any of the provisions of subsection
(a) (5) shall, upon conviction, be deemed guilty of a misdemeanor
and be sentenced to a term of imprisonment for not more than one
year, a fine of not more than one thousand dollars ($1,000), or both.

287.

(d) To possess or distribute controlled paraphernalia which shall
mean (i) a hypodermic syringe, needle or other instrument or imple-
ment or combination thereof adapted for the administration of con-
trolled dangerous substances by hypodermic injections under circum-
stances which reasonably indicate an intention to use such controlled
paraphernalia for purposes of illegally administering any controlled
dangerous substance.

(ii) gelatin capsules, glassine envelopes or any other container
suitable for the packaging of individual quantities of controlled
dangerous substances in sufficient quantity to and under circum-
stances which reasonably indicate an intention to use any such item
for the illegal manufacture, distribution, or dispensing of any such
controlled dangerous substance. Evidence of such circumstances shall
include but not limited to close proximity of any such controlled
paraphernalia to any adulterants or equipment commonly used in
the illegal manufacture and distribution of controlled dangerous
substances, such as but not limited to any of the following: scales,
sieves, strainers, measuring spoons, staples and staplers, or procaine
hydrochloride, mannitol, lactose, quinine, or any controlled dangerous
substance.

(in) lactose, quinine, mannite, mannitol, dextrose, sucrose, pro-
caine hydrochloride or any other substance suitable as a diluent or
adulterant in sufficient quantity and under such circumstances which
reasonably indicate an intention to use any such substance for the
illegal manufacture, distribution or dispensing of any controlled
substance. Evidence of such circumstances shall include but not be
limited to close proximity of any such controlled paraphernalia to
any other adulterants, diluents or equipment commonly used in the
illegal manufacture and distribution of controlled substances, such
as but not limited to any of the following: scales, sieves, strainers,
measuring spoons, staples and staplers, glassine envelopes, gelatin
capsules, or any controlled substance.