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§ 5-609. Penalties--Selected Schedule I and II hallucinogenic substances

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2017

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)
Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)
Part I. Primary Crimes
Effective: October 1, 2017
MD Code, Criminal Law, § 5-609
Formerly cited as MD CODE Art. 27, § 286
§ 5-609. Penalties--Selected Schedule I and II hallucinogenic substances
In general
(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).
Second time offender
(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.
Third time offender
(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.
Fourth time offender
(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.
Participation in drug treatment program due to length of sentence not prohibited
(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.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2004, c. 237, § 1, eff. Oct. 1, 2004; Acts 2004, c. 238, § 1, eff. Oct. 1, 2004; Acts 2015, c. 490, § 1, eff. Oct. 1, 2015; Acts 2016, c. 515, § 2, eff. Oct. 1, 2017.
Formerly Art. 27, § 286.
MD Code, Criminal Law, § 5-609, MD CRIM LAW § 5-609
Current through legislation effective through April 21, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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