Ch. 286

LAWS OF MARYLAND

(2) A SENTENCE IMPOSED UNDER THIS SUBSECTION SHALL BE
SERVED CONSECUTIVELY TO ANY OTHER SENTENCE IMPOSED.                                 

(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A
CONVICTION ARISING UNDER THIS SECTION MAY NOT MERGE WITH A
CONVICTION FOR A VIOLATION OF § 286 OR § 286C OF THIS SUBHEADING.

(D) IT IS NOT A DEFENSE TO A PROSECUTION FOR A VIOLATION OF
THIS SECTION THAT THE PERSON WAS UNAWARE THAT THE PROHIBITED
CONDUCT TOOK PLACE WHILE ON OR WITHIN 1,000 FEET OF ANY SCHOOL
PROPERTY.

(E)(1) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION FOR A
VIOLATION OF THIS SECTION THAT THE PROHIBITED CONDUCT TOOK PLACE
ENTIRELY WITHIN A PRIVATE RESIDENCE, THAT NO PERSON 17 YEARS OF
AGE OR YOUNGER WAS PRESENT IN THE PRIVATE RESIDENCE AT ANY TIME
DURING THE COMMISSION OF THE OFFENSE, AND THAT THE PROHIBITED
CONDUCT DID NOT INVOLVE DISTRIBUTING OR POSSESSING WITH THE
INTENT TO DISTRIBUTE A CONTROLLED DANGEROUS SUBSTANCE FOR PROFIT.

(2) THE AFFIRMATIVE DEFENSE ESTABLISHED IN THIS

SUBSECTION SHALL BE PROVED BY THE DEFENDANT BY A PREPONDERANCE OF
THE EVIDENCE.

(3) THIS SUBSECTION MAY NOT BE CONSTRUED TO ESTABLISH
AN AFFIRMATIVE DEFENSE WITH RESPECT TO A PROSECUTION FOR AN
OFFENSE DEFINED IN ANY OTHER SECTION OF THIS SUBHEADING.

(F) (D) (1) IN A PROSECUTION UNDER THIS SECTION, A MAP
PRODUCED OR REPRODUCED BY ANY MUNICIPAL OR COUNTY AGENCY OR
DEPARTMENT FOR THE PURPOSE OF DEPICTING THE LOCATION AND
BOUNDARIES OF THE AREA ON OR WITHIN 1,000 FEET OF THE PROPERTY OF
A PUBLIC OR NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL THAT IS USED
FOR SCHOOL PURPOSES, OR A TRUE COPY OF THE MAP, SHALL, IF
CERTIFIED AS A TRUE COPY BY THE CUSTODIAN OF THE RECORD, BE
ADMISSIBLE AND SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF THE
LOCATION AND BOUNDARIES OF THE AREA, IF THE GOVERNING BODY OF THE
MUNICIPALITY OR COUNTY HAS APPROVED THE MAP AS AN OFFICIAL RECORD
OF THE LOCATION AND BOUNDARIES OF THE AREA.

(2)  A MAP APPROVED UNDER THIS SECTION MAY BE REVISED
FROM TIME TO TIME BY THE GOVERNING BODY OF THE MUNICIPALITY OR
COUNTY.

(3)  THE ORIGINAL OF EVERY MAP APPROVED OR REVISED
UNDER THIS SECTION, OR A TRUE COPY, SHALL BE FILED WITH THE
MUNICIPALITY OR COUNTY AND SHALL BE MAINTAINED AS AN OFFICIAL
RECORD OF THE MUNICIPALITY OR COUNTY.

(4)  THIS SECTION DOES NOT PRECLUDE THE PROSECUTION
FROM INTRODUCING OR RELYING UPON ANY OTHER EVIDENCE OR TESTIMONY
TO ESTABLISH ANY ELEMENT OF THIS OFFENSE.

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