{"data":{"id":"us-md/md.-code-criminal-law-5-609","jurisdiction":"us-md","citation":"Md. Code, Criminal Law § 5–609","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 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:\n(1) phencyclidine;\n(2) 1–(1–phenylcyclohexyl) piperidine;\n(3) 1–phenylcyclohexylamine;\n(4) 1–piperidinocyclohexanecarbonitrile;\n(5) N–ethyl–1–phenylcyclohexylamine;\n(6) 1–(1–phenylcyclohexyl)–pyrrolidine;\n(7) 1–(1–(2–thienyl)–cyclohexyl)–piperidine;\n(8) lysergic acid diethylamide; or\n(9) 750 grams or more of 3, 4–methylenedioxymethamphetamine (MDMA).\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 § 5–608 of this subtitle;\n(2) of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 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 § 5–608 of this subtitle if committed in this State; or\n(4) of any combination of these crimes.\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 under subsection (a) of this section, § 5–608 of this subtitle, or § 5–614 of this subtitle; and\n(ii) if the convictions do not arise from a single incident, has been convicted twice:\n1. under subsection (a) of this section or § 5–608 of this subtitle;\n2. of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 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 § 5–608 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 separate terms of confinement as a result of three separate convictions:\n(1) under subsection (a) of this section or § 5–608 of this subtitle;\n(2) of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 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 § 5–608 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=5-609","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:57:08Z","sha256":"ee100fee48840fbd306d67bbe02c70e089b65bf9ede816af68cb72da28c2e1d3","source_id":"us-md","stale":false,"prev":"us-md/md.-code-criminal-law-5-608.1","next":"us-md/md.-code-criminal-law-5-609.1"},"notice":"GroundRules: Original legal text. Not legal advice."}