2020 Maryland Statutes
Criminal Law
Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia
Part I - Primary Crimes
Section 5-608 - Penalties -- Narcotic Drug

    (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 $15,000 or both.

    (b)    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)    (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.

        (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.

    (d)    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)    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.