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Martin O'Malley, Governor
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H.B. 992
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(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
sentenced to imprisonment for not less than 10 years and is subject to a fine not
exceeding $100,000] IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 20 YEARS
OR A FINE NOT EXCEEDING $100,000 OR BOTH if the person previously has been
convicted once:
[(i)] (1) under subsection (a) of this section or § 5-608 of this
subtitle;
[(ii)] (2) of conspiracy to commit a crime included in subsection
(a) of this section or § 5-608 of this subtitle;
[(iii)] (3) 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)] (4) 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 IF THE
PERSON HAS BEEN CONVICTED OF A VIOLATION OF A CRIME OF VIOLENCE, AS
DEFINED IN § 14-101 OF THIS ARTICLE, ARISING OUT OF THE INCIDENT THAT
RESULTED IN THE IMPOSITION OF 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.]
(c) (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 25 years and is subject to a fine not
exceeding $100,000] IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 30 YEARS
OR A FINE NOT EXCEEDING $100,000 OR BOTH if the person previously:
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- 4813 -
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