WILLIAM DONALD SCHAEFER, Governor Ch. 287

IMPRISONMENT DURING WHICH THE PERSON MUST SERVE 25 YEARS BEFORE
BEING ELIGIBLE FOR PAROLE AND BE SUBJECT TO A FINE NOT TO EXCEED
$500,000 OR 5 TIMES THE STREET VALUE OF THE CONTROLLED DANGEROUS
SUBSTANCE, WHICHEVER IS GREATER $1,000,000, OR BOTH, NEITHER THE
SENTENCE NOR ANY PART OF IT MAY BE SUSPENDED.

(G) (1) IN THIS SUBSECTION, "DRUG KINGPIN" MEANS A PERSON
WHO OCCUPIES A POSITION OF AN ORGANIZER, SUPERVIISOR, FINANCIER,
OR MANAGER AS A COCONSPIRATOR IN A CONSPIRACY TO MANUFACTURE,
DISTRIBUTE, DISPENSE, BRING INTO, OR TRANSPORT IN THE STATE
CONTROLLED DANGEROUS SUBSTANCES.

(2) A DRUG KINGPIN WHO CONSPIRES TO MANUFACTURE,
DISTRIBUTE, DISPENSE, BRING INTO, OR TRANSPORT IN THE STATE
CONTROLLED DANGEROUS SUBSTANCES IN ONE OR MORE OF THE AMOUNTS
DESCRIBED UNDER SUBSECTION (F) OF THIS SECTION IS GUILTY OF A
FELONY AND ON CONVICTION IS SUBJECT TO:----------------------------

(I) IMPRISONMENT FOR NOT LESS THAN 20 NOR MORE
THAN 40 YEARS WITHOUT THE POSSIBILITY OF PAROLE, AND IT IS
MANDATORY ON THE COURT TO IMPOSE NO LESS THAN 10 YEARS'
IMPRISONMENT, NO PART OF WHICH MAY BE SUSPENDED; AND

(II) A FINE OF NOT MORE THAN $1,000,000.

(2) (3) THE PROVISIONS OF §§ 292 AND 641 OF THIS
ARTICLE ARE NOT APPLICABLE TO A CONVICTION UNDER THIS SECTION
SUBSECTION.

(3) (4) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SUBHEADING, A CONVICTION OF A LEADER OF A DRUG TRAFFICKING
NETWORK UNDER THIS SUBSECTION DOES NOT MERGE WITH THE CONVICTION
FOR ANY OFFENSE WHICH IS THE OBJECT OF THE CONSPIRACY.

(4) (5) NOTHING CONTAINED IN THIS SECTION SUBSECTION
PROHIBITS THE COURT FROM IMPOSING AN ENHANCED PENALTY UNDER § 293
OF THIS ARTICLE. THIS SECTION SUBSECTION MAY NOT BE CONSTRUED TO
PRECLUDE OR LIMIT ANY PROSECUTION FOR ANY OTHER CRIMINAL OFFENSE.

(D)(1) IT IS NOT NECESSARY IN ANY PROSECUTION UNDER THIS
SECTION FOR THE STATE TO PROVE THAT ANY INTENDED PROFIT WAS
ACTUALLY REALIZED.

(2) THE TRIER OF FACT MAY INFER THAT A PARTICULAR
SCHEME OR COURSE OF CONDUCT WAS UNDERTAKEN FOR PROFIT FROM ALL OF
THE ATTENDING CIRCUMSTANCES, INCLUDING THE NUMBER OF PERSONS
INVOLVED IN THE SCHEME OR COURSE OF CONDUCT, THE ACTOR'S NET
WORTH AND EXPENDITURES IN RELATION TO THE ACTOR'S LEGITIMATE
SOURCES OF INCOME, THE AMOUNT OR PURITY OF THE SPECIFIED
CONTROLLED DANGEROUS SUBSTANCES INVOLVED, OR THE AMOUNT OF CASH
OR CURRENCY INVOLVED.

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