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Ch. 26
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PARRIS N. GLENDENING, Governor
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substituted for the former reference to a person not being eligible for parole
"during that period" for clarity.
In subsection (b)(4) of this section, the reference to a "person convicted
under subsection (a) of this section" is substituted for the former reference
to a "convicted defendant" for clarity because the limitation applies only to
those inmates convicted under subsection (a) of this section, and not to
those inmates convicted under § 5-609 of this subtitle.
Also in subsection (b)(4) of this section, the reference to a "drug treatment
program" is substituted for the former reference to a "rehabilitation
program" for clarity.
Also in subsection (b)(4) of this section, the former reference to not
"prevent[ing], ... or mak[ing] ineligible" a convicted person from
participating in a drug treatment program is deleted as redundant in light
of the statement that the person convicted under "this subsection is not
prohibited" from participating in a drug treatment program.
In subsections (c)(1) and (d)(1) of this section, the former references to a
sentence "for the term allowed by law, but in any event" for not less than
the specified amount are deleted as surplusage.
In subsections (c)(2) and (d)(2) of this section, the former prohibitions, that
"[n]either the sentence ... nor any part of it" may be suspended, are deleted
as included in the references to the prohibition against the suspension of
"any part" of the sentence.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that in subsection (c)(1)(i) of this section, a
third-time offender who does not serve sufficient time under the second
conviction may be treated as a first-time offender. Cf. Thomas v. State, 104
Md. App. 461 (1995), where the Court held that "second" means "second"
only and would thus not apply to a defendant who was convicted for a third
time but did not meet requirements for enhanced sentencing under Art. 27,
§ 286(d) governing third convictions. The General Assembly may wish to
explore the consistency of repeat-offender provisions in this section and in
§ 5-609 of this subtitle.
Defined terms: "Drug" § 5-101
"Narcotic drug" § 5-101
"Person" § 1-101
"Schedule 1" § 5-101
"Schedule II" § 5-101
"State" § 1-101
5-609. PENALTIES — SELECTED SCHEDULE I AND II HALLUCINOGENIC
SUBSTANCES.
(A) IN GENERAL.
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- 431 -
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