MD. Criminal Law Code Ann. §  5-609 (2021)
2021 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

    (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.