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WILLIAM DONALD SCHAEFER, Governor
Ch. 286
(2) WITHIN 1,000 FEET OF THE PROPERTY OF A PUBLIC OR
NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL THAT IS USED FOR SCHOOL
PURPOSES; OR
(3) ON A SCHOOL BUS.
(B) A PERSON WHO VIOLATES THIS SECTION SHALL, UPON
CONVICTION, BE SUBJECT TO THE FOLLOWING PENALTIES.
(1) FOR A FIRST OFFENSE, IMPRISONMENT FOR NOT LESS
THAN 5 OR MORE THAN 20 YEARS, A FINE OF NOT MORE THAN $20,000 OR
BOTH; AND
(2) FOR A SECOND OR SUBSEQUENT OFFENSE, IMPRISONMENT
FOR NOT LESS THAN 10 OR MORE THAN 40 YEARS, A FIND OF NOT MORE
THAN $40,000, OR BOTH. IT IS MANDATORY FOR THE COURT TO IMPOSE A
MINIMUM SENTENCE OF 10 YEARS, WHICH MAY NOT BE SUSPENDED, AND A
PERSON IS NOT ELIGIBLE FOR PAROLE DURING THAT PERIOD.
(A) A PERSON WHO MANUFACTURES, DISTRIBUTES, DISPENSES, OR
POSSESSES WITH INTENT TO DISTRIBUTE A CONTROLLED DANGEROUS
SUBSTANCE IN VIOLATION OF SECTION 286(A)(1) OF THIS SUBHEADING,
OR WHO CONSPIRES TO COMMIT ANY OF THESE OFFENSES, IS GUILTY OF A
FELONY IF THE OFFENSE OCCURRED:
(1) IN, ON, OR WITHIN 1,000 FEET OF ANY REAL PROPERTY
OWNED BY OR LEASED TO ANY ELEMENTARY SCHOOL, SECONDARY SCHOOL, OR
SCHOOL BOARD, AND USED FOR ELEMENTARY OR SECONDARY EDUCATION, AS
DEFINED UNDER § 1-101 OF THE EDUCATION ARTICLE, REGARDLESS OF
WHETHER:
(I) SCHOOL WAS IN SESSION AT THE TIME OF THE
OFFENSE; OR
(II) THE REAL PROPERTY WAS BEING USED FOR OTHER
PURPOSES BESIDES SCHOOL PURPOSES AT THE TIME OF THE OFFENSE; OR
(2) ON A SCHOOL VEHICLE, AS DEFINED UNDER § 11-154 OF
THE TRANSPORTATION ARTICLE.
(B) (1) A PERSON WHO VIOLATES THE PROVISIONS OF THIS
SECTION, ON CONVICTION, SHALL BE SUBJECT TO THE FOLLOWING
PENALTIES:
(I) FOR A FIRST OFFENSE, IMPRISONMENT FOR NOT
MORE THAN 20 YEARS OR A FINE OF NOT MORE THAN $20,000 OR BOTH; OR
(II) FOR A SECOND OR SUBSEQUENT OFFENSE,
IMPRISONMENT FOR NOT LESS THAN 5 OR MORE THAN 40 YEARS OR A FINE
OF NOT MORE THAN $40,000 OR BOTH. IT IS MANDATORY FOR THE COURT
TO IMPOSE A MINIMUM SENTENCE OF 5 YEARS, WHICH MAY NOT BE
SUSPENDED, AND A PERSON IS NOT ELIGIBLE FOR PAROLE DURING THAT
PERIOD, EXCEPT IN ACCORDANCE WITH ARTICLE 31B, § 11 OF THE CODE.
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