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Ch. 26
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PARRIS N. GLENDENING, Governor
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Also in subsection (a) of this section, the former prohibition against
"manufactur[ing]" a false prescription is deleted in light of the prohibition
against "mak[ing]" a false prescription.
Defined terms: "Controlled dangerous substance" § 5-101
"Counterfeit" § 1-101
"Distribute" § 5-101
"Person" § 1-101
"Possess" § 5-101
5-607. PENALTIES — CERTAIN CRIMES.
(A) IN GENERAL.
EXCEPT AS PROVIDED IN §§ 5-608 AND 5-609 OF THIS SUBTITLE, A PERSON WHO
VIOLATES A PROVISION OF §§ 5-602 THROUGH 5-606 OF THIS SUBTITLE IS GUILTY OF
A FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 5
YEARS OR A FINE NOT EXCEEDING $15,000 OR BOTH.
(B) REPEAT OFFENDER
(1) A PERSON WHO HAS BEEN CONVICTED PREVIOUSLY UNDER
SUBSECTION (A) OF THIS SECTION SHALL BE SENTENCED TO IMPRISONMENT FOR
NOT LESS THAN 2 YEARS.
(2) THE COURT MAY NOT SUSPEND THE MANDATORY MINIMUM
SENTENCE TO LESS THAN 2 YEARS.
(3) EXCEPT AS PROVIDED IN § 4-305 OF THE CORRECTIONAL SERVICES
ARTICLE, THE PERSON IS NOT ELIGIBLE FOR PAROLE DURING THE MANDATORY
MINIMUM SENTENCE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 286(b)(3).
In subsection (a) of this section, the phrase "[e]xcept as provided in §§
5-608 and 5-609 of this subtitle" is substituted for the former reference to
"[a]ny other controlled dangerous substance classified in Schedule I, II, III,
IV, or V", in light of §§ 5-608 and 5-609 of this subtitle. If a substance is
not a narcotic drug or an hallucinogenic substance, then the penalties in
this section apply.
Also in subsection (a) of this section, the reference to a person being
"subject to ... imprisonment" is substituted for the former requirement that
a person "shall ... [be] sentenced to a term of imprisonment", for
consistency within this article.
Also in subsection (a) of this section, the former reference to a person being
"deemed" guilty of a felony is deleted as surplusage.
In subsection (b)(1) of this section, the former reference to a person
"sentenced ... as a repeat offender" is deleted as implicit in the reference to
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- 427 -
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