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§ 5-612. Manufacture, distribution, dispensing, or possession of specified amounts

West's Annotated Code of MarylandCriminal LawEffective: June 1, 2018

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 II. Primary Offenders
Effective: June 1, 2018
MD Code, Criminal Law, § 5-612
Formerly cited as MD CODE Art. 27, § 286
§ 5-612. Manufacture, distribution, dispensing, or possession of specified amounts
Unlawful amounts
(a) A person may not manufacture, distribute, dispense, or possess:
(1) 50 pounds or more of marijuana;
(2) 448 grams or more of cocaine;
(3) 448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of cocaine;
(4) 448 grams or more of cocaine base, commonly known as “crack”;
(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(6) 28 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(7) 5 grams or more of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration;
(8) 28 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration;
(9) 1,000 dosage units or more of lysergic acid diethylamide;
(10) any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;
(11) 16 ounces or more of phencyclidine in liquid form;
(12) 448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of phencyclidine;
(13) 448 grams or more of methamphetamine; or
(14) 448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of methamphetamine.
Aggregation of amounts
(b) For the purpose of determining the quantity of a controlled dangerous substance involved in individual acts of manufacturing, distributing, dispensing, or possessing under subsection (a) of this section, the acts may be aggregated if each of the acts occurred within a 90-day period.
Penalty
(c)(1) A person who is convicted of a violation of subsection (a) of this section shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000.
(2) The court may not suspend any part of the mandatory minimum sentence of 5 years.
(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2016, c. 515, § 2, eff. Oct. 1, 2017; Acts 2018, c. 145, § 1, eff. June 1, 2018.
Formerly Art. 27, § 286.
MD Code, Criminal Law, § 5-612, MD CRIM LAW § 5-612
Current with all legislation from the 2021 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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