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 5-609 - Penalties -- Selected Schedule I and Ii Hallucinogenic Substances

Universal Citation:
MD. Criminal Law Code Ann. § 5-609 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

    (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 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)    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)    (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.

    (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 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)    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.

Disclaimer: These codes may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.