(4) To manufacture, distribute, or possess any machine, equipment,
instrument, implement, device, or combination thereof which is adopted for the
production of controlled dangerous substances under circumstances which reasonably
indicate an intention to use such item or combination thereof to produce, sell, or
dispense any controlled dangerous substance in violation of the provisions of this
subheading;
(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) lb 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-(1-phenylcyclohexyl) piperidine,
1-phenylcyclohexylamine, or 1-piperidinocyclohexanecarbonitrile, classified in
Schedule II, or n-ethyl-1-phenylcyclohexylamine,
1-(1-phenylcyclohexyl)-pyrrolidine, 1-(1-(2-thienyl)-cyclohexyl)-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 AND SUBJECT TO A FINE NOT
EXCEEDING $1,000,000 $100,000 if the person previously has been convicted:
(i) Under subsection (b)(1) or subsection (b)(2) of this section;
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