HARRY HUGHES, Governor

3047

combination thereof which is adopted for the production of
controlled dangerous substances under circumstances which
reasonably indicate an intention to use such item or
combination thereof to produce, sell, or dispense any
controlled dangerous substance in violation of the
provisions of this subheading;

(5) To keep or maintain any common nuisance
which means any dwelling house, apartment, building,
vehicle, vessel, aircraft, or any place whatever which is
resorted to by drug abusers for purposes of illegally
administering controlled dangerous substances or which is
used for the illegal manufacture, distribution, dispensing,
storage or concealment of controlled dangerous substances or
controlled paraphernalia, as defined in subsection (d) of §
287 of this subheading.

(b) Any person who violates any of the provisions of
subsection (a) with respect to:

(1)  A substance classified in Schedules I or II
which is a narcotic drug is guilty of a felony and is
subject to imprisonment for not more than 20 years, or a
fine of not more than $25,000, or both. ANY PERSON WHO HAS
PREVIOUSLY BEEN CONVICTED UNDER THIS PARAGRAPH SHALL BE
SENTENCED TO IMPRISONMENT FOR NOT LESS THAN 10 YEARS.
NEITHER THE SENTENCE NOR ANY PART OF IT MAY BE SUSPENDED,
AND THE PERSON SHALL NOT BE ELIGIBLE FOR PAROLE EXCEPT IN
ACCORDANCE WITH ARTICLE 31B, § 11. This subsection does not
prevent, prohibit or make ineligible any convicted defendant
from participating in the rehabilitation program under
Article 43B, §§ 12 and 13, because of the length of
sentence.

(2)  Phencyclidine, classified in Schedule II, is
guilty of a felony and is subject to imprisonment for not
more than 19 20 years, or a fine of not more than $20,000,
or both. ANY PERSON WHO HAS PREVIOUSLY BEEN CONVICTED UNDER
THIS PARAGRAPH SHALL BE SENTENCED TO IMPRISONMENT FOR NOT
LESS THAN 5 10 YEARS. NEITHER THE SENTENCE NOR ANY PART OF
IT MAY BE SUSPENDED, AND THE PERSON SHALL NOT BE ELIGIBLE
FOR PAROLE EXCEPT IN ACCORDANCE WITH ARTICLE 31B, § 11.

(3) Any other controlled dangerous substance
classified in Schedule I, II, III, IV, or V shall, upon
conviction, be deemed guilty of a felony and sentenced to a
term of imprisonment for not more than 5 years or a fine of
not more than $15,000, or both. ANY PERSON WHO HAS
PREVIOUSLY BEEN CONVICTED UNDER THIS PARAGRAPH SHALL BE
SENTENCED TO IMPRISONMENT FOR NOT LESS THAN 2 YEARS.
NEITHER THE SENTENCE NOR ANY PART OF IT MAY BE SUSPENDED,
AND THE PERSON SHALL NOT BE ELIGIBLE FOR PAROLE EXCEPT IN
ACCORDANCE WITH ARTICLE 31B, § 11.