WILLIAM DONALD SCHAEFER, Governor Ch. 679

l-(l-(2-thienyl)-cyclohexyl)-piperidine, classified in Schedule
I, is guilty of a felony and is subject to imprisonment for not
more than 20 years, or a fine of not more than $20,000, or both.

(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 OR OF
CONSPIRACY TO VIOLATE 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, OR OF CONSPIRACY TO VIOLATE SUBSECTION (B)(1) OR (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] OF
CONSPIRACY TO VIOLATE SUBSECTION (B)(1) OR SUBSECTION (B)(2) OF
THIS SECTION OR ANY combination of [either] THESE OFFENSES, 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] OF CONSPIRACY TO VIOLATE SUBSECTION (B)(1) OR
SUBSECTION (B)(2) OF THIS SECTION OR ANY combination of [either]
THESE OFFENSES, 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] OF CONSPIRACY TO VIOLATE SUBSECTION (B)(1) OR SUBSECTION
(B)(2) OF THIS SECTION, OR ANY combination of [either] THESE
OFFENSES, to imprisonment for the term allowed by law, but, in
any event, not less than 25 years.

- 3963 -