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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
§ 5-609. Penalties -- Selected Schedule I and II hallucinogenic substances
Universal Citation: MD Crim Law Code § 5-609 (2017)
- (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 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 $ 15,000 or both:
- (1) phencyclidine;
- (2) 1-(1-phenylcyclohexyl) piperidine;
- (3) 1-phenylcyclohexylamine;
- (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) 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 § 5-608 of this subtitle;
- (2) of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 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 § 5-608 of this subtitle if committed in this State; or
- (4) of any combination of these crimes.
- (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 under subsection (a) of this section, § 5-608 of this subtitle, or § 5-614 of this subtitle; and
- (ii) if the convictions do not arise from a single incident, has been convicted twice:
1. under subsection (a) of this section or § 5-608 of this subtitle;
2. of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 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 § 5-608 of this subtitle if committed in this State; or
4. of any combination of these crimes.
- (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 separate terms of confinement as a result of three separate convictions:
- (1) under subsection (a) of this section or § 5-608 of this subtitle;
- (2) of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 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 § 5-608 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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