WILLIAM DONALD SCHAEFER, Governor

(4) (5) NOTHING CONTAINED IN THIS SECTION SUBSECTION
PROHIBITS THE COURT FROM IMPOSING AN ENHANCED PENALTY UNDER § 293
OF THIS ARTICLE. THIS SESSION 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 CASE
OR CURRENCY INVOLVED.

(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.

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