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Ch. 26
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2002 LAWS OF MARYLAND
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FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT FOR NOT LESS THAN 20
YEARS AND NOT EXCEEDING 40 YEARS WITHOUT THE POSSIBILITY OF PAROLE OR A
FINE NOT EXCEEDING $1,000,000 OR BOTH.
(2) A COURT MAY NOT SUSPEND ANY PART OF THE MANDATORY
MINIMUM SENTENCE OF 20 YEARS.
(3) THE PERSON IS NOT ELIGIBLE FOR PAROLE DURING THE
MANDATORY MINIMUM SENTENCE.
(C) ULTIMATE DISTRIBUTING OR DISPENSING ELSEWHERE NOT A DEFENSE.
IT IS NOT A DEFENSE TO A PROSECUTION UNDER THIS SECTION THAT THE
CONTROLLED DANGEROUS SUBSTANCE WAS BROUGHT INTO OR TRANSPORTED IN
THE STATE SOLELY FOR ULTIMATE DISTRIBUTION OR DISPENSING IN ANOTHER
JURISDICTION.
(D) MERGER
NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, A CONVICTION
UNDER THIS SECTION DOES NOT MERGE WITH THE CONVICTION FOR ANY CRIME
THAT IS THE OBJECT OF THE CONSPIRACY.
(E) PROBATION BEFORE JUDGMENT.
THE PROVISIONS OF § 6-220 OF THE CRIMINAL PROCEDURE ARTICLE DO NOT
APPLY TO A CONVICTION UNDER THIS SECTION.
(F) CONSTRUCTION OF SECTION.
THIS SECTION DOES NOT:
(1) PROHIBIT A COURT FROM IMPOSING AN ENHANCED PENALTY
UNDER § 5-905 OF THIS TITLE; OR
(2) PRECLUDE OR LIMIT A PROSECUTION FOR ANY OTHER CRIME.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 286(g).
In subsection (a) of this section, the reference to an organizer, supervisor,
financier, or manager "who acts" as a coconspirator is added for clarity.
Also in subsection (a) of this section, the former reference to a person "who
occupies a position of" organizer, supervisor, financier, or manager is
deleted as surplusage.
In subsection (b)(1) of this section, the reference to a fine or imprisonment
"or ... both" is added as implicit in the use of the conjunction "and" between
the term of imprisonment and the amount of the fine to which a defendant
may be subject in former Art. 27, § 286(g)(2)(i) and (ii).
Also in subsection (b)(1) of this section, the reference to a controlled
dangerous substance in "an amount" is substituted for the former
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