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PARRIS N. GLENDENING, Governor
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Ch. 26
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Also in subsection (c)(1) of this section, the former reference to a person
being sentenced "as otherwise provided for in this section" is deleted as
included in the introductory language to subsection (a) of this section.
Also in subsection (c)(1) of this section, the reference to a person who is
"guilty of a felony" for a violation of this section is deleted as redundant
since a violation of § 5-607 is a felony regardless of the amount of
controlled dangerous substance involved. This section is merely a sentence
enhancing provision.
In subsection (c)(2) of this section, the reference to the "mandatory
minimum" sentence is substituted for the former reference to "that term of
imprisonment" for clarity and consistency within this subtitle.
Also in subsection (c)(2) of this section, the former statement that "it is
mandatory upon the court to impose" the minimum sentence is deleted as
implicit. Subsection (c)(1) of this section sets a minimum penalty and
subsection (c)(2) of this section prohibits a court from suspending any part
of that penalty.
Also in subsection (c)(2) of this section, the former prohibition that "neither
that term of imprisonment nor any part of it" may be suspended is deleted
as included in the reference 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 subsection (a)(9) of this section relating to a
quantity of phencyclidine is ambiguous. The reference to "ounces" could be
either a measurement of volume or of weight.
Defined terms: "Controlled dangerous substance" § 5-101
"Dispense" § 5-101
"Distribute" § 5-101
"Manufacture" § 5-101
"Marijuana" § 5-101
"Person" § 1-101
"Possess" § 5-101
5-613. DRUG KINGPIN.
(A) "DRUG KINGPIN" DEFINED.
IN THIS SECTION, "DRUG KINGPIN" MEANS AN ORGANIZER, SUPERVISOR,
FINANCIER, OR MANAGER WHO ACTS AS A COCONSPIRATOR IN A CONSPIRACY TO
MANUFACTURE, DISTRIBUTE, DISPENSE, TRANSPORT IN, OR BRING INTO THE STATE
A CONTROLLED DANGEROUS SUBSTANCE.
(B) DRUG KINGPIN CONSPIRACY; PENALTY.
(1) A DRUG KINGPIN WHO CONSPIRES TO MANUFACTURE, DISTRIBUTE,
DISPENSE, TRANSPORT IN, OR BRING INTO THE STATE A CONTROLLED DANGEROUS
SUBSTANCE IN AN AMOUNT LISTED IN § 5-612 OF THIS SUBTITLE IS GUILTY OF A
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- 437 -
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