Ch. 238                                    2004 LAWS OF MARYLAND

(i) the petition is based on the entry of probation before judgment,
a nolle prosequi, or a stet, INCLUDING A NOLLE PROSEQUI WITH THE REQUIREMENT
OF DRUG OR ALCOHOL TREATMENT OR A STET WITH THE REQUIREMENT OF DRUG
OR ALCOHOL ABUSE TREATMENT, or the grant of a pardon by the Governor; and

(ii) the person:

1.       since the full and unconditional pardon or entry, has been
convicted of a crime other than a minor traffic violation; or

2.       is a defendant in a pending criminal proceeding.

(f)      Unless an order is stayed pending an appeal, within 60 days after entry of
the order, every custodian of the police records and court records that are subject to
the order of expungement shall advise in writing the court and the person who is
seeking expungement of compliance with the order.

(g)     (1) The State's Attorney is a party to the proceeding.

(2) A party aggrieved by the decision of the court is entitled to appellate
review as provided in the Courts Article.

Article—Health—General

Article - Criminal Law

5-609.

(a)     Except as otherwise provided in this section, a person who violates a
provision of §§ 5-602 through 5-606 of this subtitle with respect to any of the
following controlled dangerous substances is guilty of a felony and on conviction is
subject to imprisonment not exceeding 20 years or a fine not exceeding $20,000 or
both:

(1)     phencyclidine;

(2)     1-(1-phenylcyclohexyl) piperidine;

(3)     1-phenylcvclohexylamine;

(4)     1-piperidinocyclohexanecarbonitrile;

(5)     N-ethyl-1-phenylcyclohexylamine;

(6)     1-(1-phenylcyclohexyl)-pyrrolidine;

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

(8)     lysergic acid diethylamide; or

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

(MDMA).

(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

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