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Session Laws, 1989
Volume 771, Page 2418   View pdf image
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Ch. 287

LAWS OF MARYLAND

(E) (6) IT IS NOT A DEFENSE TO A PROSECUTION UNDER THIS
SECTION THAT:

(1) THE CONTROLLED DANGEROUS SUBSTANCE WAS BROUGHT
INTO OR TRANSPORTED IN THIS STATE SOLELY FOR ULTIMATE
DISTRIBUTION OR DISPENSING IN ANOTHER JURISDICTION; OR

(2) ANY PROFIT WAS INTENDED TO BE MADE IN ANOTHER
JURISDICTION.

286D.

(A) IF A PERSON MANUFACTURES OR DISTRIBUTES A CONTROLLED
DANGEROUS SUBSTANCE IN VIOLATION OF § 286(A)(1) OF THIS ARTICLE,
AND THE DEATH OF ANOTHER IS THE DIRECT RESULT OF THE INJECTION,
INHALATION, OR INGESTION OF THAT SUBSTANCE, THE PERSON IS GUILTY
OF A FELONY.

(B) IT IS NOT A DEFENSE TO A PROSECUTION UNDER THIS SECTION
THAT THE DECEDENT'S DEATH WAS CAUSED BECAUSE THE DECEDENT
PURPOSEFULLY, KNOWINGLY, OR RECKLESSLY INJECTED, INHALED, OR
INGESTED THAT SUBSTANCE, OR THE DECEDENT CONSENTED TO THE
ADMINISTRATION OF THAT SUBSTANCE BY ANOTHER.

(C) THIS SECTION MAY NOT BE CONSTRUED TO PRECLUDE OR LIMIT
ANY PROSECUTION FOR ANY OTHER CRIMINAL OFFENSE.

(D) ANY PERSON WHO VIOLATES THIS SECTION SHALL UPON

CONVICTION BE SENTENCED TO IMPRISONMENT FOR A TERM OF NOT LESS
THAN 5 YEARS NOR MORE THAN 10 YEARS, AND BE SUBJECT TO A FINE OF
NOT MORE THAN $25,000 OR BOTH. IT IS MANDATORY UPON THE COURT TO
IMPOSE NO LESS THAN THE MINIMUM TERM OF IMPRISONMENT, NO PART OF
WHICH MAY BE SUSPENDED AND THE PERSON MAY NOT BE ELIGIBLE FOR
PAROLE.

298.

[(c) No person shall open pain of contempt of court,
refuse to testify concerning any violations of the provisions of
this subheading because his testimony might tend to incriminate
him or implicate him in such violations and every such person
shall be a competent witness and compellable to testify against
any person who may have committed any of the offenses set forth
under this subheading, provided that any person so compelled to
testify on behalf of the State in any such case shall be exempt
from prosecution, trial and punishment for any and all such
crimes and offenses about which such person was so compelled to
testify.]

(C) (H) (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, LAW ENFORCEMENT OFFICERS OF ANY MUNICIPALITY OR COUNTY
OF THIS STATE AND LAW ENFORCEMENT OFFICERS OF ANY OTHER STATE OR
MUNICIPALITY OR COUNTY THEREOF MAY CONDUCT INVESTIGATIONS AND

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Session Laws, 1989
Volume 771, Page 2418   View pdf image
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