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Ch. 26
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2002 LAWS OF MARYLAND
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a person "who has previously been convicted under subsection (a) of this
section".
In subsection (b)(2) of this section, the reference to the "mandatory
minimum sentence" is substituted for the former reference to the "prison
sentence" for clarity.
In subsection (b)(3) of this section, the reference to a person not being
eligible for parole "during the mandatory minimum sentence" is
substituted for the former reference to a person not being eligible for parole
"during that period" for clarity.
Defined term: "Person" § 1-101
5-608. SAME — NARCOTIC DRUG.
(A) IN GENERAL.
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 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) SECOND TIME OFFENDER
(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;
(II) OF CONSPIRACY TO COMMIT A CRIME INCLUDED IN
SUBSECTION (A) OF THIS SECTION; 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 IF COMMITTED IN THIS STATE.
(2) THE COURT MAY NOT SUSPEND THE MANDATORY MINIMUM
SENTENCE TO LESS THAN 10 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.
(4) A PERSON CONVICTED UNDER SUBSECTION (A) OF THIS SECTION IS
NOT PROHIBITED FROM PARTICIPATING IN A DRUG TREATMENT PROGRAM UNDER §
8-507 OF THE HEALTH - GENERAL ARTICLE BECAUSE OF THE LENGTH OF THE
SENTENCE.
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- 428 -
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