Maryland Criminal Law Section 5-608

Article - Criminal Law

§ 5-608.

      (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 a Schedule I or Schedule II narcotic drug is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both.

      (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 § 5-609 of this subtitle;

                  (ii)      of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 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 § 5-609 of this subtitle if committed in this State.

            (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.

      (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 if the person previously:

                  (i)      has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction under subsection (a) of this section, § 5-609 of this subtitle, or § 5-614 of this subtitle; and

                  (ii)      has been convicted twice, if the convictions arise from separate occasions:

                        1.      under subsection (a) of this section or § 5-609 of this subtitle;

                        2.      of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle;

                        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 § 5-609 of this subtitle if committed in this State; or

                        4.      of any combination of these crimes.

            (2)      The court may not suspend any part of the mandatory minimum sentence of 25 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 separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime.

      (d)      (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 40 years and is subject to a fine not exceeding $100,000 if the person previously has served three or more separate terms of confinement as a result of three or more separate convictions:

                  (i)      under subsection (a) of this section or § 5-609 of this subtitle;

                  (ii)      of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle;

                  (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 § 5-609 of this subtitle if committed in this State; or

                  (iv)      of any combination of these crimes.

            (2)      The court may not suspend any part of the mandatory minimum sentence of 40 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.