Ch. 439                                          LAWS OF MARYLAND

felony and is subject to imprisonment for not more than 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 10 years. The prison sentence
of a person sentenced under this paragraph as a repeat offender
may not be suspended to less than 10 years, and the person may be
paroled during that period only in accordance with Article 31B, §
11 of the Code.]

(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. The prison sentence of a person
sentenced under this paragraph as a repeat offender may not be
suspended to less than 2 years, and the person may be paroled
during that period only in accordance with Article 31B, § 11 of
the Code.

(C)  (1) ANY PERSON WHO HAS PREVIOUSLY BEEN CONVICTED UNDER
SUBSECTION (B)(1) OR SUBSECTION (B)(2) OF THIS SECTION SHALL BE
SENTENCED, ON BEING CONVICTED A SECOND TIME UNDER EITHER
SUBSECTION (B)(1) OR SUBSECTION (B)(2) OF THIS SECTION, TO
IMPRISONMENT FOR NOT LESS THAN 10 YEARS.

(2)  THE PRISON SENTENCE OF A PERSON SENTENCED UNDER
SUBSECTION (B)(1) OR SUBSECTION (B)(2) OF THIS SECTION, OR A
COMBINATION OF EITHER, AS A SECOND OFFENDER MAY NOT BE SUSPENDED
TO LESS THAN 10 YEARS, AND THE PERSON MAY BE PAROLED DURING THAT
PERIOD ONLY IN ACCORDANCE WITH ARTICLE 31B, § 11 OF THE CODE.

(3)  THIS SUBSECTION DOES NOT PREVENT, PROHIBIT, OR
MAKE INELIGIBLE A CONVICTED DEFENDANT FROM PARTICIPATING IN THE
REHABILITATION PROGRAM UNDER TITLE 9, SUBTITLE 6 OF THE HEALTH -
GENERAL ARTICLE, BECAUSE OF THE LENGTH OF SENTENCE, IF IMPOSED
UNDER SUBSECTION (B)(1) OF THIS SECTION.

(D)  (1) ANY PERSON WHO HAS BEEN CONVICTED ON 2 SEPARATE
OCCASIONS UNDER SUBSECTION (B)(1) OR SUBSECTION (B)(2) OF THIS
SECTION OR A COMBINATION OF EITHER, WHERE THE CONVICTIONS DO NOT
ARISE FROM A SINGLE INCIDENT, AND WHO HAS SERVED AT LEAST 1 TERM
OF CONFINEMENT OF AT LEAST 180 DAYS IN A CORRECTIONAL INSTITUTION
AS A RESULT OF A CONVICTION OF A PREVIOUS VIOLATION OF § 286 OR §
286A OF THIS ARTICLE, SHALL BE SENTENCED, ON BEING CONVICTED A
THIRD TIME UNDER SUBSECTION (B)(1) OR SUBSECTION (B)(2) OF THIS
SECTION OR A COMBINATION OF EITHER, TO IMPRISONMENT FOR THE TERM
ALLOWED BY LAW, BUT, IN ANY EVENT, NOT LESS THAN 25 YEARS.

(2) NEITHER THE SENTENCE REQUIRED UNDER PARAGRAPH (1)
OF THIS SUBSECTION NOR ANY PART OF IT MAY BE SUSPENDED, AND THE

- 3230 -