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Ch. 26
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2002 LAWS OF MARYLAND
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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 ANY
OF THE FOLLOWING CONTROLLED DANGEROUS SUBSTANCES IS GUILTY OF A
FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 20
YEARS OR A FINE NOT EXCEEDING $20,000 OR BOTH:
(1) PHENCYCLIDINE;
(2) 1-(1-PHENYLCYCLOHEXYL) PIPERIDINE;
(3) 1-PHENYLCYCLOHEXYLAMINE;
(4) 1-PIPERIDINOCYCLOHEXANECARBONITRILE;
(5) N-ETHYL-1-PHENYLCYCLOHEXYLAMINE;
(6) 1-(1-PHENYLCYCLOHEXYL)-PYRROLIDINE;
(7) 1-(1-(2-THIENYL)-CYCLOHEXYL)-PIPERIDINE;
(8) LYSERGIC ACID DIETHYLAMIDE; OR
(9) 750 GRAMS OR MORE OF 3, 4-METHYLENEDIOXYMETHAMPHETAMINE
(MDMA).
(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; OR
(IV) OF ANY COMBINATION OF THESE CRIMES.
(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.
(C) THIRD 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
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- 432 -
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