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ROBERT L. EHRLICH, JR., Governor H.B. 822
2. if [it appears from the evidence that the handgun was
worn, carried, or transported on public school property in the State,] THE PERSON
VIOLATES SUBSECTION (A)(1)(III) OF THIS SECTION, THE PERSON IS SUBJECT to
imprisonment for not less than 3 years and not exceeding 10 years.
(ii) The court may not impose less than the applicable minimum
sentence provided under subparagraph (i) of this paragraph.
(4) (i) If the person has previously been convicted more than once
under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title, or of any
combination of these crimes[, the person shall be sentenced]:
1. EXCEPT AS PROVIDED IN ITEM (2) OF THIS
SUBPARAGRAPH, THE PERSON IS SUBJECT to imprisonment for not less than 3 years
and not exceeding 10 years; [but] OR
2. A. if [it appears from the evidence that the handgun
was worn, carried, or transported on public school property in the State,] THE
PERSON VIOLATES SUBSECTION (A)(1)(III) OF THIS SECTION, THE PERSON IS SUBJECT
to imprisonment for not less than 5 years and not exceeding 10 years; or
B. if [it appears from the evidence that the handgun was
worn, carried, or transported with the deliberate purpose of injuring or killing
another person,] THE PERSON VIOLATES SUBSECTION (A)(1)(IV) OF THIS SECTION,
THE PERSON IS SUBJECT to imprisonment for not less than 5 years and not exceeding
10 years.
(ii) The court may not impose less than the applicable minimum
sentence provided under subparagraph (i) of this paragraph.
5-602.
Except as otherwise provided in this title, a person may not:
(1) manufacture, distribute, or dispense a controlled dangerous
substance; or
(2) possess a controlled dangerous substance in sufficient quantity
reasonably to indicate under all circumstances an intent to manufacture, distribute,
or dispense a controlled dangerous substance.
5-612.
(a) A person [who violates § 5-602 of this subtitle with respect to any of the
following controlled dangerous substances in the amounts indicated is subject on
conviction to a fine not exceeding $100,000 and the enhanced penalty provided in
subsection (c) of this section] MAY NOT MANUFACTURE, DISTRIBUTE, DISPENSE, OR
POSSESS:
(1) 50" pounds or more of marijuana;
(2) 448 grams or more of cocaine;
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