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Session Laws, 1989
Volume 771, Page 4878   View pdf image
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VETOES

(A) IN THIS SECTION A PERSON IS A LEADER OF A DRUG
TRAFFICKING NETWORK IF:

(1) THE PERSON CONSPIRES WITH 10 OR MORE OTHER
PERSONS TO ENGAGE FOR PROFIT IN A SCHEME OR COURSE OF CONDUCT TO
UNLAWFULLY MANUFACTURE, DISTRIBUTE, DISPENSE, BRING INTO, OR
TRANSPORT IN THIS STATE ANY CONTROLLED DANGEROUS SUBSTANCE; AND

(2) THE PERSON OCCUPIES A POSITION OF AN ORGANIZER,
SUPERVISOR, FINANCIER, OR MANAGER IN SUCH SCHEME OR COURSE OF
CONDUCT.

(B) A PERSON MAY NOT BE A LEADER OF A DRUG TRAFFICKING
NETWORK.

(C)(1) ANY PERSON CONVICTED OF VIOLATING THIS SECTION
SHALL BE SENTENCED TO LIFE 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
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, SUPERVISOR, 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 19 20 NOR
MORE THAN 40 YEARS WITHOUT THE POSSIBILITY OF PAROLE, AND IT IS
MANDATORY ON THE COURT TO IMPOSE NO LESS THAN 19 20 YEARS
IMPRISONMENT, NO PART OF WHICH MAY BE SUSPENDED; AND

(II)  A FINE OF NOT MORE THAN $500,000
$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.

- 4878 -

 

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Session Laws, 1989
Volume 771, Page 4878   View pdf image
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