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ROBERT L. EHRLICH, JR., Governor
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Ch. 327
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(d) (1) A person who is convicted under subsection (a) of this section or of
conspiracy to commit a crime included in subsection (a) of this section shall be
sentenced to imprisonment for not less than 40 years and is subject to a fine not
exceeding $100,000 if the person previously has served three or more separate terms
of confinement as a result of three or more separate convictions:
(i) under subsection (a) of this section or § 5-609 of this subtitle;
(ii) of conspiracy to commit a crime included in subsection (a) of this
section or § 5-609 of this subtitle;
(iii) of a crime under the laws of another state or the United States
that would be a crime included in subsection (a) of this section or § 5-609 of this
subtitle if committed in this State; or
(iv) of any combination of these crimes.
(2) The court may not suspend any part of the mandatory minimum
sentence of 40 years.
(3) Except as provided in § 4-305 of the Correctional Services Article, the
person is not eligible for parole during the mandatory minimum sentence.
5-609.
(a) Except as otherwise provided in this section, a person who violates a
provision of §§ 5-602 through 5-606 of this subtitle with respect to any of the
following controlled dangerous substances is guilty of a felony and on conviction is
subject to imprisonment not exceeding 20 years or a fine not exceeding $20,000 or
both:
(1) phencyclidine;
(2) 1 (1 phenylcyclohexyl) piperidine;
(3) 1 phenyleyclohexylamine;
(4) 1 piperidinocyclohexanecarbonitrile;
(5) N-ethyl 1 phenylcyclohexylamine;
(6) 1 (1 phenylcyclohexyl) pyrrolidine;
(7) 1 (1 (2 thienyl) cyclohexyl) piperidine;
(8) lysergic acid diethylamide; [or]
(9) 750 grams or more of 3, 4 methylenedioxymethamphetamine
(MDMA); OR
(10) METHAMPHETAMINE.
(b) (1) A person who is convicted under subsection (a) of this section or of
conspiracy to commit a crime included in subsection (a) of this section shall be
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- 1771 -
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