|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
|
|
|
|
Ch. 26
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Defined terms: "Administer" § 5-101
"Controlled dangerous substance" § 5-101
"Person" § 1-101
5-625. RESERVED.
5-626. RESERVED.
PART IV. MISCELLANEOUS CRIMES.
5-627. CONTROLLED DANGEROUS SUBSTANCE NEAR SCHOOL.
(A) PROHIBITED.
A PERSON MAY NOT MANUFACTURE, DISTRIBUTE, DISPENSE, OR POSSESS WITH
INTENT TO DISTRIBUTE A CONTROLLED DANGEROUS SUBSTANCE IN VIOLATION OF §
5-602 OF THIS SUBTITLE OR CONSPIRE TO COMMIT ANY OF THESE CRIMES:
(1) IN A SCHOOL VEHICLE, AS DEFINED UNDER § 11-154 OF THE
TRANSPORTATION ARTICLE; OR
(2) IN, ON, OR WITHIN 1,000 FEET OF REAL PROPERTY OWNED BY OR
LEASED TO AN ELEMENTARY SCHOOL, SECONDARY SCHOOL, OR COUNTY BOARD AND
USED FOR ELEMENTARY OR SECONDARY EDUCATION.
(B) APPLICATION OF SUBSECTION (A).
SUBSECTION (A) OF THIS SECTION APPLIES WHETHER OR NOT:
(1) SCHOOL WAS IN SESSION AT THE TIME OF THE CRIME; OR
(2) THE REAL PROPERTY WAS BEING USED FOR PURPOSES OTHER THAN
SCHOOL PURPOSES AT THE TIME OF THE CRIME.
(C) PENALTY.
(1) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY
AND ON CONVICTION IS SUBJECT TO:
(I) FOR A FIRST VIOLATION, IMPRISONMENT NOT EXCEEDING 20
YEARS OR A FINE NOT EXCEEDING $20,000 OR BOTH; OR
(II) FOR EACH SUBSEQUENT VIOLATION, IMPRISONMENT NOT LESS
THAN 5 YEARS AND NOT EXCEEDING 40 YEARS OR A FINE NOT EXCEEDING $40,000 OR
BOTH.
(2) (I) THE COURT MAY NOT SUSPEND THE 5-YEAR MINIMUM
SENTENCE REQUIRED BY PARAGRAPH (1)(II) OF THIS SUBSECTION.
(II) EXCEPT AS OTHERWISE PROVIDED IN § 4-305 OF THE
CORRECTIONAL SERVICES ARTICLE, A PERSON SENTENCED UNDER PARAGRAPH (1)
(II) OF THIS SUBSECTION IS NOT ELIGIBLE FOR PAROLE DURING THIS PERIOD OF THE
5-YEAR MINIMUM SENTENCE.
|
|
|
|
|
|
|
|
|
|
- 457 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
