§ 5-609. Penalties - Selected Schedule I and II hallucinogenic substances.
(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 $20,000 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.-
(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 shall be sentenced to imprisonment for not less than 10 years and is subject to a fine not exceeding $100,000 if the person previously has been convicted once:
(i) under subsection (a) of this section or § 5-608 of this subtitle;
(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 of this subtitle;
(iii) 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
(iv) of any combination of these crimes.
(2) The court may not suspend the mandatory minimum sentence to less than 10 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.
(4) A person convicted under 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.
(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 shall be sentenced to imprisonment for not less than 25 years and is subject to a fine not exceeding $100,000 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) The court may not suspend any part of the mandatory minimum sentence of 25 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.
(4) 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) Fourth 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 shall be sentenced to imprisonment for not less than 40 years and is subject to a fine not exceeding $100,000 if the person previously has served three separate terms of confinement as a result of three separate convictions:
(i) under subsection (a) of this section or § 5-608 of this subtitle;
(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 of this subtitle;
(iii) 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
(iv) of any combination of these crimes.
(2) The court may not suspend any part of the mandatory minimum sentence of 40 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.
§ 5-609. Penalties - Selected Schedule I and II hallucinogenic substances.
(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 $20,000 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.-
(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 shall be sentenced to imprisonment for not less than 10 years and is subject to a fine not exceeding $100,000 if the person previously has been convicted once:
(i) under subsection (a) of this section or § 5-608 of this subtitle;
(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 of this subtitle;
(iii) 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
(iv) of any combination of these crimes.
(2) The court may not suspend the mandatory minimum sentence to less than 10 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.
(4) A person convicted under 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.
(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 shall be sentenced to imprisonment for not less than 25 years and is subject to a fine not exceeding $100,000 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) The court may not suspend any part of the mandatory minimum sentence of 25 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.
(4) 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) Fourth 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 shall be sentenced to imprisonment for not less than 40 years and is subject to a fine not exceeding $100,000 if the person previously has served three separate terms of confinement as a result of three separate convictions:
(i) under subsection (a) of this section or § 5-608 of this subtitle;
(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 of this subtitle;
(iii) 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
(iv) of any combination of these crimes.
(2) The court may not suspend any part of the mandatory minimum sentence of 40 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.
§ 5-609. Penalties - Selected Schedule I and II hallucinogenic substances.
(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 $20,000 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.-
(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 shall be sentenced to imprisonment for not less than 10 years and is subject to a fine not exceeding $100,000 if the person previously has been convicted once:
(i) under subsection (a) of this section or § 5-608 of this subtitle;
(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 of this subtitle;
(iii) 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
(iv) of any combination of these crimes.
(2) The court may not suspend the mandatory minimum sentence to less than 10 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.
(4) A person convicted under 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.
(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 shall be sentenced to imprisonment for not less than 25 years and is subject to a fine not exceeding $100,000 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) The court may not suspend any part of the mandatory minimum sentence of 25 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.
(4) 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) Fourth 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 shall be sentenced to imprisonment for not less than 40 years and is subject to a fine not exceeding $100,000 if the person previously has served three separate terms of confinement as a result of three separate convictions:
(i) under subsection (a) of this section or § 5-608 of this subtitle;
(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 of this subtitle;
(iii) 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
(iv) of any combination of these crimes.
(2) The court may not suspend any part of the mandatory minimum sentence of 40 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.
