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Ch. 26
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2002 LAWS OF MARYLAND
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(9) 16 OUNCES OR MORE OF PHENCYCLIDINE IN LIQUID FORM;
(10) 448 GRAMS OR MORE OF ANY MIXTURE CONTAINING
PHENCYCLIDINE;
(11) 448 GRAMS OR MORE OF METHAMPHETAMINE; OR
(12) ANY MIXTURE CONTAINING 448 GRAMS OR MORE OF
METHAMPHETAMINE.
(B) AGGREGATION OF AMOUNTS.
FOR THE PURPOSE OF DETERMINING THE QUANTITY OF A CONTROLLED
DANGEROUS SUBSTANCE INVOLVED IN INDIVIDUAL ACTS OF MANUFACTURING,
DISTRIBUTING, DISPENSING, OR POSSESSING WITH INTENT TO MANUFACTURE,
DISTRIBUTE, OR DISPENSE UNDER SUBSECTION (A) OF THIS SECTION, THE ACTS MAY
BE AGGREGATED IF EACH OF THE ACTS OCCURRED WITHIN A 90-DAY PERIOD.
(C) ENHANCED PENALTY.
(1) -A PERSON WHO IS CONVICTED UNDER § 5-602 OF THIS SUBTITLE
WITH RESPECT TO A CONTROLLED DANGEROUS SUBSTANCE IN AN AMOUNT
INDICATED IN SUBSECTION (A) OF THIS SECTION SHALL BE SENTENCED TO
IMPRISONMENT FOR NOT LESS THAN 5 YEARS.
(2) THE COURT MAY NOT SUSPEND ANY PART OF THE MANDATORY
MINIMUM SENTENCE OF 5 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(f).
In subsection (a)(7) of this section, the phrase "or more" is added for
consistency with the other items in that subsection.
In subsection (b) of this section, the reference to individual acts of
possession with intent to "manufacture ... or dispense" is added for clarity
because this section provides a penalty for a violation of § 5-601 of this
subtitle. Section 5-601 makes it a crime for a person to possess a controlled
dangerous substance with intent to manufacture, distribute, or dispense
the controlled dangerous substance.
Also in subsection (b) of this section, the former reference to an aggregate
act "of manufacturing, distribution, dispensing, or possessing with intent
to distribute" is deleted for brevity and as implicit.
In subsection (c)(1) of this section, the reference to the requirement that a
person "shall be sentenced to imprisonment for not less than 5 years" is
added for clarity and consistency within this subtitle.
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- 436 -
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