ROBERT L. EHRLICH, JR., Governor                               Ch. 21

5-608.

(a)     Except as otherwise provided in this section, a person who violates a
provision of §§ 5-602 through 5-606 of this subtitle with respect to a Schedule I or
SCHEDULE II narcotic drug is guilty of a felony and on conviction is subject to
imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both.

(b)     (1) A person who is convicted under subsection (a) of this section or of
conspiracy to commit a crime included in subsection (a) of this section shall be
sentenced to imprisonment for not less than 10 years and is subject to a fine not
exceeding $100,000 if the person previously has been convicted once:

(i) under subsection (a) of this section OR § 5-609 OF THIS
SUBTITLE;

(ii) of conspiracy to commit a crime included in subsection (a) of this
section OR § 5-609 OF THIS SUBTITLE; or

(iii) of a crime under the laws of another state or the United States
that would be a crime included in subsection (a) of this section OR § 5-609 OF THIS
SUBTITLE if committed in this State.

(c)      (1) A person who is convicted under subsection (a) of this section or of
conspiracy to commit a crime included in subsection (a) of this section shall be
sentenced to imprisonment for not less than 25 years and is subject to a fine not
exceeding $100,000 if the person previously:

(i) has served at least one term of confinement of at least 180 days
in a correctional institution as a result of a conviction under subsection (a) of this
section, § 5-609 OF THIS SUBTITLE, or § 5-614 of this subtitle; and

(ii) has been convicted twice, if the convictions arise from separate
occasions:

1.       under subsection (a) of this section OR § 5-609 OF THIS
SUBTITLE;

2.       of conspiracy to commit a crime included in subsection (a)
of this section OR § 5-609 OF THIS SUBTITLE;

3.       of a crime under the laws of another state or the United
States that would be a crime included in subsection (a) of this section OR § 5-609 OF
THIS SUBTITLE if committed in this State; or

4.       of any combination of these crimes.

(d)     (1) A person who is convicted under subsection (a) of this section or of
conspiracy to commit a crime included in subsection (a) of this section shall be
sentenced to imprisonment for not less than 40 years and is subject to a fine not
exceeding $100,000 if the person previously has served three or more separate terms
of confinement as a result of three or more separate convictions:

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