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Session Laws, 2004
Volume 801, Page 855   View pdf image
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(MDMA).

ROBERT L. EHRLICH, JR., Governor                             Ch. 237

(5)     N-ethyl- 1-phenylcyclohexylamine;

(6)     1-(1-phenylcyclohexyl)-pvrrolidine;

(7)     1-(1-(2-thienyl)-cyclohexyl)-piperidine;

(8)     lysergic acid diethylamide; or

(9)     750 grams or more of 3, 4-methyIenedioxymethamphetamine

(b) (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 or § 5-608 of this subtitle;

(ii) of conspiracy to commit a crime included in subsection (a) of this
section or § 5-608 of this subtitle; 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 or § 5-608 of this
subtitle 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.

(4)      A PERSON CONVICTED UNDER SUBSECTION (A) OF THIS SECTION IS
NOT PROHIBITED FROM PARTICIPATING IN A DRUG TREATMENT PROGRAM UNDER §
8-507 OF THE HEALTH - GENERAL ARTICLE BECAUSE OF THE LENGTH OF THE
SENTENCE.

Article - Criminal Procedure

6-229.

(A)     THIS SECTION DOES NOT APPLY TO A PERSON:

(1)      CHARGED WITH A VIOLENT CRIME OF VIOLENCE AS DEFINED UNDER
§-7 101 § 14-101 OF THE CORRECTIONAL SERVICES CRIMINAL LAW ARTICLE OR WITH
A VIOLATION OF TITLE 3, SUBTITLE 6 OR SUBTITLE 8, OR § 3-203, § 3-204, § 5-612, §
5-613, § 5-614, § 5-621, § 5-622, OR § 5-628 OF THE CRIMINAL LAW ARTICLE; OR

(2)      WHO HAS BEEN CONVICTED OF A CRIME OF VIOLENCE, AS DEFINED
UNDER § 14-101 OF THE CRIMINAL LAW ARTICLE, WITHIN THE PREVIOUS 5 YEARS.

(B)     EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION:

- 855 -

 

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Session Laws, 2004
Volume 801, Page 855   View pdf image
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