Ch. 542                                        1994 LAWS OF MARYLAND

(5)      To keep or maintain any common nuisance which means any dwelling
house, apartment, building, vehicle, vessel, aircraft, or any place whatever which is
resorted to by drug abusers for purposes of illegally administering controlled dangerous
substances or which is used for the illegal manufacture, distribution, dispensing, storage
or concealment of controlled dangerous substances or controlled paraphernalia, as
defined in § 287(d) of this subheading; OR

(6)      TO POSSESS, PASS, UTTER, MAKE, OR MANUFACTURE A FALSE,
FORGED, OR ALTERED PRESCRIPTION OR PRESCRIPTIONS FOR A CONTROLLED
DANGEROUS SUBSTANCE WITH THE INTENT TO DISTRIBUTE THE CONTROLLED
DANGEROUS SUBSTANCE. INFORMATION COMMUNICATED TO AN AUTHORIZED
PRESCRIBER IN AN EFFORT TO OBTAIN A CONTROLLED DANGEROUS SUBSTANCE IN
VIOLATION OF THE PROVISIONS OF THIS ITEM SHALL NOT BE DEEMED A
PRIVILEGED COMMUNICATION.

(b)     Any person who violates any of the provisions of subsection (a) of this section
with respect to: .

(1)     A substance classified in Schedules I or II which is a narcotic drug is
guilty of a felony and is subject to imprisonment for not more than 20 years, or a fine of
not more than $25,000, or both.

(2)      Phencyclidine, 1-d-phenylcyclohexyl) piperidine,

1-phenylcyclohexylamine, or 1-piperidinocyclohexanecarbonitrile, classified in Schedule
II, or n-ethyl-1-phenylcyclohexylamine, 1-(1-phenylcyclohexyl)-pyrrolidine,
1-(1-(2-thienyl)-cvclohexyl)-piperidine, or lysergic acid diethylamide, 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) A person who is convicted under subsection (b)(1) or subsection (b)(2)
of this section, or of conspiracy to violate subsection (b)(1) or (b)(2) of this section shall
be sentenced to imprisonment for not less than 10 years if the person previously has been
convicted:

(i) Under subsection (b)(1) or subsection (b)(2) of this section;

(ii) Of conspiracy to violate subsection (b)(1) or subsection (b)(2) of
this section; or                         

(iii) Of an offense under the laws of another state, the District of
Columbia, or the United States that would be a violation of subsection (b)(1) or
subsection (b)(2) of this section if committed in this State.

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