281A.
(b) During and in relation to any drug trafficking crime, a person who
possesses a firearm under sufficient circumstances to constitute nexus to the drug
trafficking crime or who uses, wears, carries, or transports a firearm is guilty of a
separate felony and on conviction shall, in addition to the sentence provided for the
drug trafficking crime, be sentenced as follows:
(1) (ii) It is mandatory upon the court to impose no less than the
minimum sentence of 5 years, no part of which may be suspended and the person may
not be eligible for parole except in accordance with the provisions of [Article 31B, § 11
of the Code] § 4-305 OF THE CORRECTIONAL SERVICES ARTICLE; and
(2) (ii) It is mandatory upon the court to impose no less than a
minimum consecutive sentence of 10 years, no part of which may be suspended and
the person may not be eligible for parole except in accordance with the provisions of
[Article 31B, § 11 of the Code] § 4-305 OF THE CORRECTIONAL SERVICES ARTICLE.
286.
(b) Any person who violates any of the provisions of subsection (a) of this
section with respect to:
(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] § 4-305 OF THE CORRECTIONAL SERVICES
ARTICLE. -
(c) (2) The prison sentence of a person sentenced 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 or any combination of 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] § 4-305 OF
THE CORRECTIONAL SERVICES ARTICLE.
(d) (2) Neither the sentence required under paragraph (1) of this subsection
nor any part of it may be suspended, and the person may not be eligible for parole
except in accordance with [Article 31B, § 11 of the Code] § 4-305 OF THE
CORRECTIONAL SERVICES ARTICLE.
(e) (2) Neither the sentence required under paragraph (1) of this subsection
nor any part of it may be suspended, and the person may not be eligible for parole
except in accordance with [Article 31B, § 11 of the Code] § 4-305 OF THE
CORRECTIONAL SERVICES ARTICLE.
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