HARRY HUGHES, Governor

2461

(C) (D) FOR THE PURPOSE OF DETERMINING WHETHER THIS
SECTION HAS BEEN VIOLATED, THE COURT OR OTHER AUTHORITY
SHALL INCLUDE IN ITS CONSIDERATION THE FOLLOWING:

(1)  WHETHER THE NONCONTROLLED SUBSTANCE WAS
PACKAGED IN A MANNER NORMALLY USED FOR THE ILLEGAL DELIVERY
DISTRIBUTION OF CONTROLLED SUBSTANCES;

(2)  WHETHER THE DELIVERY DISTRIBUTION OR
ATTEMPTED DELIVERY DISTRIBUTION INCLUDED AN EXCHANGE OF OR
DEMAND FOR MONEY OR OTHER PROPERTY AS CONSIDERATION, AND
WHETHER THE AMOUNT OF THE CONSIDERATION WAS SUBSTANTIALLY
GREATER THAN THE REASONABLE VALUE OF THE NONCONTROLLED
SUBSTANCE;

(3)  WHETHER THE PHYSICAL APPEARANCE OF THE
FINISHED PRODUCT CONTAINING THE NONCONTROLLED SUBSTANCE IS
SUBSTANTIALLY IDENTICAL TO THAT OF A CONTROLLED DANGEROUS
SUBSTANCE.

(D) (E) IN ANY PROSECUTION BROUGHT UNDER THIS SECTION,
THE DEFENDANT MAY NOT RAISE AS A DEFENSE THAT HE BELIEVED
THE NONCONTROLLED SUBSTANCE TO ACTUALLY BE A CONTROLLED
SUBSTANCE. IT IS NO NOT A DEFENSE TO A VIOLATION OF THIS
SECTION THAT THE DEFENDANT BELIEVED THE NONCONTROLLED
SUBSTANCE TO ACTUALLY BE A CONTROLLED DANGEROUS SUBSTANCE.

(E) (F) ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS
SECTION WITH RESPECT TO: THE DISTRIBUTION, ATTEMPT TO
DISTRIBUTE, OR POSSESSION WITH INTENT TO DISTRIBUTE A
NONCONTROLLED SUBSTANCE AS A CONTROLLED DANGEROUS SUBSTANCE,
IS GUILTY OF A FELONY AND, UPON CONVICTION, IS SUBJECT TO
IMPRISONMENT FOR NOT MORE THAN 5 YEARS, OR A FINE OF NOT
MORE THAN $15,000 OR BOTH.

(1)(I) THE DELIVERY, ATTEMPTED DELIVERY, OR
POSSESSION WITH INTENT TO DELIVER, OF A NONCONTROLLED
SUBSTANCE AS A SUBSTANCE CLASSIFIED IN SCHEDULES I OR II
WHICH IS A NARCOTIC DRUG IS GUILTY OF A FELONY AND UPON
CONVICTION IS SUBJECT TO IMPRISONMENT FOR NOT MORE THAN 20
YEARS, OR A FINE OF NOT MORE THAN $25,000, OR BOTH.

(II) THIS SECTION DOES NOT PREVENT,

PROHIBIT, OR MAKE INELIGIBLE ANY CONVICTED DEFENDANT FROM
PARTICIPATING IN A REHABILITATION PROGRAM UNDER ARTICLE 43B,
§§ 12 AND 13, BECAUSE OF LENGTH OF SENTENCE.

(2) THE DELIVERY, ATTEMPTED DELIVERY, OR

POSSESSION WITH INTENT TO DELIVER, OF A NONCONTROLLED
SUBSTANCE AS A PHENCYCLIDINE CLASSIFIED IN SCHEDULE II IS
GUILTY OF A FELONY AND UPON CONVICTION IS SUBJECT TO
IMPRISONMENT FOR NOT MORE THAN 10 YEARS, OR A FINE OF NOT
MORE THAN $20,000, OR BOTH.