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2017 Maryland Code
Criminal Law
Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia
Part I - Primary Crimes
§ 5-608. Penalties -- Narcotic drug
Universal Citation:
MD Crim Law Code § 5-608 (2017)
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on the American Association of Law Libraries Universal Citation Guide and is not
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- (a) In general. -- 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 $ 15,000 or both.
- (b) Second time offender. -- 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 is subject to imprisonment not exceeding 20 years or a fine not exceeding $ 15,000 or both if the person previously has been convicted once:
- (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; or
- (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.
- (c) Third time offender. --
- (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 is subject to imprisonment not exceeding 25 years or a fine not exceeding $ 25,000 or both 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:
1. under subsection (a) of this section or § 5-609 or § 5-614 of this subtitle;
2. of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle; or
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; 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.
- (i) has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction:
- (2) 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.
- (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 is subject to imprisonment not exceeding 25 years or a fine not exceeding $ 25,000 or both if the person previously:
- (d) Fourth time offender. -- 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 is subject to imprisonment not exceeding 40 years or a fine not exceeding $ 25,000 or both if the person previously has served three or more separate terms of confinement as a result of three or more separate convictions:
- (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.
- (e) Participation in drug treatment program. -- A person convicted under subsection (a) of this section or of conspiracy to commit a crime included in 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.
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