{"data":{"id":"us-md/md.-code-criminal-law-5-608","jurisdiction":"us-md","citation":"Md. Code, Criminal Law § 5–608","heading":"","body":"(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 a Schedule I or Schedule II narcotic drug 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.\n(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:\n(1) under subsection (a) of this section or § 5–609 of this subtitle;\n(2) of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle; or\n(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 § 5–609 of this subtitle if committed in this State.\n(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:\n(i) has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction:\n1. under subsection (a) of this section or § 5–609 or § 5–614 of this subtitle;\n2. of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle; or\n3. 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 § 5–609 of this subtitle if committed in this State; and\n(ii) has been convicted twice, if the convictions arise from separate occasions:\n1. under subsection (a) of this section or § 5–609 of this subtitle;\n2. of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle;\n3. 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 § 5–609 of this subtitle if committed in this State; or\n4. of any combination of these crimes.\n(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.\n(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 or more separate terms of confinement as a result of three or more separate convictions:\n(1) under subsection (a) of this section or § 5–609 of this subtitle;\n(2) of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle;\n(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 § 5–609 of this subtitle if committed in this State; or\n(4) of any combination of these crimes.\n(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.","path":["Article - Criminal Law"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr\u0026section=5-608","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:57:08Z","sha256":"4c33dc6d3be1eef101ec412bb1749a5e0b42c3973b0035abc08c2ed295ff5b58","source_id":"us-md","stale":false,"prev":"us-md/md.-code-criminal-law-5-607","next":"us-md/md.-code-criminal-law-5-608.1"},"notice":"GroundRules: Original legal text. Not legal advice."}