Posts Tagged ‘Dangerous Substance’
MARYLAND CRIMINAL DEFENSE ATTORNEYS
DEFENDING FIRST & SECOND DEGREE MURDER & MANSLAUGHTER CHARGES IN MARYLAND
Thou shall not kill and if you do so in Maryland, you may be charged with one of the following charges:
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capital murder
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murder of the first degree
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murder of the second degree
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voluntary manslaughter
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involuntary manslaughter
The Maryland criminal defense attorneys of SRIS, P.C. will not hesitate to defend a client who has been charged with homicide. For more information or to make an appointment with SRIS,P.C. Maryland criminal defense lawyer, please call, send an e-mail or complete the on-line form.
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BALTIMORE, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To obtain a general overview of homicide, first and second degree murder, and manslaughter defense, please click here.
To learn more about the laws pertaining to homicide, first and second degree murder, and manslaughter defense in Virginia or Massachusetts, please click on the state.
The following are some of the different types of homicide and manslaughter charges one could face in the State of Maryland:
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Murder in the first degree
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Murder in the first degree–Sentence of death
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Murder in the first degree–Sentence of imprisonment for life without the possibility of parole
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Murder in the second degree
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Attempt to commit murder in the first degree
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Attempt to commit murder in the second degree
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Manslaughter
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Manslaughter by vehicle or vessel
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Viable fetuses
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Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se
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Homicide by motor vehicle or vessel while impaired by alcohol
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Homicide by motor vehicle or vessel while impaired by drugs
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Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance
FIRST AND SECOND DEGREE MURDER & MANSLAUGHTER DEFENSE
§ 2-201. Murder in the first degree (top)
In general
(a) A murder is in the first degree if it is:
(1) a deliberate, premeditated, and willful killing;
(2) committed by lying in wait;
(3) committed by poison; or
(4) committed in the perpetration of or an attempt to perpetrate:
(i) arson in the first degree;
(ii) burning a barn, stable, tobacco house, warehouse, or other outbuilding that:
1. is not parcel to a dwelling; and
2. contains cattle, goods, wares, merchandise, horses, grain, hay, or tobacco;
(iii) burglary in the first, second, or third degree;
(iv) carjacking or armed carjacking;
(v) escape in the first degree from a State correctional facility or a local correctional facility;
(vi) kidnapping under § 3-502 or § 3-503(a)(2) of this article;
(vii) mayhem;
(viii) rape;
(ix) robbery under § 3-402 or § 3-403 of this article;
(x) sexual offense in the first or second degree;
(xi) sodomy; or
(xii) a violation of § 4-503 of this article concerning destructive devices.
Penalty
(b)(1) A person who commits a murder in the first degree is guilty of a felony and on conviction shall be sentenced to:
(i) death;
(ii) imprisonment for life without the possibility of parole; or
(iii) imprisonment for life.
(2) Unless a sentence of death is imposed in compliance with § 2-202 of this subtitle and Subtitle 3 of this title, or a sentence of imprisonment for life without the possibility of parole is imposed in compliance with § 2-203 of this subtitle and § 2-304 of this title, the sentence shall be imprisonment for life.
§ 2-202. Murder in the first degree–Sentence of death (top)
Requirement for imposition
(a) A defendant found guilty of murder in the first degree may be sentenced to death only if:
(1) at least 30 days before trial, the State gave written notice to the defendant of:
(i) the State’s intention to seek a sentence of death; and
(ii) each aggravating circumstance on which the State intends to rely;
(2)(i) with respect to § 2-303(g) of this title, except for § 2- 303(g)(1)(i) and (vii) of this title, the defendant was a principal in the first degree; or
(ii) with respect to § 2-303(g)(1)(i) of this title, a law enforcement officer, as defined in § 2-303(a) of this title, was murdered and the defendant was:
1. a principal in the first degree; or
2. a principal in the second degree who:
A. willfully, deliberately, and with premeditation intended the death of the law enforcement officer;
B. was a major participant in the murder; and
C. was actually present at the time and place of the murder; and
(3) the sentence of death is imposed in accordance with § 2-303 of this title.
Limitations
(b)(1) In this subsection, a defendant is “mentally retarded” if:
(i) the defendant had significantly below average intellectual functioning, as shown by an intelligence quotient of 70 or below on an individually administered intelligence quotient test and an impairment in adaptive behavior; and
(ii) the mental retardation was manifested before the age of 22 years.
(2) A defendant may not be sentenced to death, but shall be sentenced to imprisonment for life without the possibility of parole subject to the requirements of § 2-203(1) of this subtitle or imprisonment for life, if the defendant:
(i) was under the age of 18 years at the time of the murder; or
(ii) proves by a preponderance of the evidence that at the time of the murder the defendant was mentally retarded.
§ 2-203. Murder in the first degree–Sentence of imprisonment for life without the possibility of parole (top)
A defendant found guilty of murder in the first degree may be sentenced to imprisonment for life without the possibility of parole only if:
(1) at least 30 days before trial, the State gave written notice to the defendant of the State’s intention to seek a sentence of imprisonment for life without the possibility of parole; and
(2) the sentence of imprisonment for life without the possibility of parole is imposed in accordance with § 2-304 of this title.
§ 2-204. Murder in the second degree (top)
(a) A murder that is not in the first degree under § 2-201 of this subtitle is in the second degree.
Penalty
(b) A person who commits a murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
§ 2-205. Attempt to commit murder in the first degree (top)
A person who attempts to commit murder in the first degree is guilty of a felony and on conviction is subject to imprisonment not exceeding life.
§ 2-206. Attempt to commit murder in the second degree (top)
A person who attempts to commit murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
Penalty
(a) A person who commits manslaughter is guilty of a felony and on conviction is subject to:
(1) imprisonment not exceeding 10 years; or
(2) imprisonment in a local correctional facility not exceeding 2 years or a fine not exceeding $500 or both.
Spousal adultery not a mitigating factor
(b) The discovery of one’s spouse engaged in sexual intercourse with another does not constitute legally adequate provocation for the purpose of mitigating a killing from the crime of murder to voluntary manslaughter even though the killing was provoked by that discovery.
§ 2-209. Manslaughter by vehicle or vessel (top)
“Vehicle” defined
(a) In this section, “vehicle” includes a motor vehicle, streetcar, locomotive, engine, and train.
Prohibited
(b) A person may not cause the death of another as a result of the person’s driving, operating, or controlling a vehicle or vessel in a grossly negligent manner.
Name of crime
(c) A violation of this section is manslaughter by vehicle or vessel.
Penalty
(d) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.
“Viable” defined
(a) For purposes of a prosecution under this title, “viable” has the meaning stated in § 20-209 of the Health–General Article.
Murder or manslaughter of viable fetus
(b) Except as provided in subsections (d) through (f) of this section, a prosecution may be instituted for murder or manslaughter of a viable fetus.
Intent
(c) A person prosecuted for murder or manslaughter as provided in subsection (b) of this section must have:
(1) intended to cause the death of the viable fetus;
(2) intended to cause serious physical injury to the viable fetus; or
(3) wantonly or recklessly disregarded the likelihood that the person’s actions would cause the death of or serious physical injury to the viable fetus.
Right to terminate pregnancy
(d) Nothing in this section applies to or infringes on a woman’s right to terminate a pregnancy as stated in § 20-209 of the Health–General Article.
Liability of medical professionals
(e) Nothing in this section subjects a physician or other licensed medical professional to liability for fetal death that occurs in the course of administering lawful medical care.
Act or failure to act of pregnant woman
(f) Nothing in this section applies to an act or failure to act of a pregnant woman with regard to her own fetus.
Personhood or rights of fetus
(g) Nothing in this section shall be construed to confer personhood or any rights on the fetus.
Death penalty
(h) The commission of first degree murder of a viable fetus under this section, in conjunction with the commission of another first degree murder arising out of the same incident, does not constitute an aggravating circumstance subjecting a defendant to the death penalty under § 2-303(g)(ix) of this title.
§ 2-503. Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while:
(1) under the influence of alcohol; or
(2) under the influence of alcohol per se.
Name of crime
(b) A violation of this section is:
(1) homicide by motor vehicle or vessel while under the influence of alcohol; or
(2) homicide by motor vehicle or vessel while under the influence of alcohol per se.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
§ 2-504. Homicide by motor vehicle or vessel while impaired by alcohol (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while impaired by alcohol.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by alcohol.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
§ 2-505. Homicide by motor vehicle or vessel while impaired by drugs (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is so far impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive, operate, or control a motor vehicle or vessel safely.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by drugs.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Prohibited defense
(d) It is not a defense to a charge of violating this section that the person is or was entitled under the laws of this State to use a drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug, combination of drugs, or combination of one or more drugs and alcohol would make the person incapable of driving, operating, or controlling a motor vehicle or vessel in a safe manner.
§ 2-506. Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by a controlled dangerous substance, as defined in § 5-101 of this article.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by a controlled dangerous substance.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Exception
(d) This section does not apply to a person who is entitled to use the controlled dangerous substance under the laws of this State.
The Maryland attorneys and Law Offices of SRIS, P.C., are located in Rockville & Baltimore .
Our Maryland criminal defense attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
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MARYLAND DRUG DEFENSE ATTORNEYS
DEFENDING DRUG CHARGES IN MARYLAND
In every state, the illicit possession of controlled substances is illegal. Our Maryland drug defense lawyers defend clients charged with the illicit possession of controlled substances. The Maryland drug defense attorneys & possession of controlled substance defense lawyers have offices in Rockville and Annapolis to better serve you. For more information or to make an appointment with SRIS, P.C. Maryland drug lawyer, please call, send an e-mail or complete the on-line form
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ANNAPOLIS OFFICE: |
ROCKVILLE OFFICE: |
To obtain a general overview of criminal drug defense, please click here.
To learn more about the laws pertaining to criminal drug defense in Virginia or Massachusetts, please click on the state.
By clicking on a link below, you will see how each of these are defined by the State of Maryland Code:
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Administer
Agent
Authorized provider
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Controlled paraphernalia
Drug paraphernalia
Marijuana
Narcotic drug
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Noncontrolled substance
Opiate
Prescription drug
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The following are some of the different types of drug charges one could face in the State of Maryland:
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MD Code, Criminal Law § 5-101. Definitions
In general
(a) In this title the following words have the meanings indicated.
(b) “Administer” means to introduce a substance into the system of a human or animal by injection, inhalation, ingestion, application to the skin, or any combination of those methods or by any other means.
(c)(1) “Agent” means an employee or other authorized person who acts for or at the direction of a manufacturer, distributor, or authorized provider.
(2) “Agent” does not include:
(i) a common carrier, contract carrier, or public warehouseman; or
(ii) an employee of a common carrier, contract carrier, or public warehouseman.
(d)(1) “Authorized provider” means:
(i) a person licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the course of professional practice or research; or
(ii) a pharmacy, laboratory, hospital, or other institution licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the course of professional practice or research.
(2) “Authorized provider” includes a scientific investigator and an individual authorized by the State to practice medicine, dentistry, or veterinary medicine.
Controlled paraphernalia (top)
(g) “Controlled paraphernalia” means:
(1) a hypodermic syringe, needle, or any other object or combination of objects adapted to administer a controlled dangerous substance by hypodermic injection;
(2) a gelatin capsule, glassine envelope, or other container suitable for packaging individual quantities of a controlled dangerous substance; or
(3) lactose, quinine, mannite, mannitol, dextrose, sucrose, procaine hydrochloride, or any other substance suitable as a diluent or adulterant.
(o)(1) “Drug paraphernalia” means equipment, a product, or material that is used, intended for use, or designed for use, in:
(i) planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled dangerous substance in violation of this title; or
(ii) injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance in violation of this title.
(2) “Drug paraphernalia” includes:
(i) a kit used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant that is a controlled dangerous substance or from which a controlled dangerous substance can be derived;
(ii) a kit used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled dangerous substance;
(iii) an isomerization device used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled dangerous substance;
(iv) testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled dangerous substance;
(v) a scale or balance used, intended for use, or designed for use in weighing or measuring a controlled dangerous substance;
(vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a controlled dangerous substance;
(vii) a separation gin or sifter used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(viii) a blender, bowl, container, spoon, or mixing device used, intended for use, or designed for use in compounding a controlled dangerous substance;
(ix) a capsule, balloon, envelope, or other container used, intended for use, or designed for use in packaging small quantities of a controlled dangerous substance;
(x) a container or other object used, intended for use, or designed for use in storing or concealing a controlled dangerous substance;
(xi) a hypodermic syringe, needle, or other object used, intended for use, or designed for use in parenterally injecting a controlled dangerous substance into the human body; and
(xii) an object used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body such as:
1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without screen, permanent screen, hashish head, or punctured metal bowl;
2. a water pipe;
3. a carburetion tube or device;
4. a smoking or carburetion mask;
5. an object known as a roach clip used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;
6. a miniature spoon used for cocaine and cocaine vials;
7. a chamber pipe;
8. a carburetor pipe;
9. an electric pipe;
10. an air-driven pipe;
11. a chillum;
12. a bong; and
13. an ice pipe or chiller.
(q)(1) “Marijuana” means:
(i) all parts of any plant of the genus Cannabis, whether or not the plant is growing;
(ii) the seeds of the plant;
(iii) the resin extracted from the plant; and
(iv) each compound, manufactured product, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin.
(2) “Marijuana” does not include:
(i) the mature stalks of the plant;
(ii) fiber produced from the mature stalks;
(iii) oil or cake made from the seeds of the plant;
(iv) except for resin, any other compound, manufactured product, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or
(v) the sterilized seed of the plant that is incapable of germination.
(r)(1) “Narcotic drug” means a substance:
(i) that has been found to present an extreme danger to the health and welfare of the community because of addiction-forming and addiction-sustaining qualities;
(ii) that is:
1. an opiate;
2. a compound, manufactured substance, salt, derivative, or preparation of opium, coca leaf, or an opiate; or
3. a substance and any compound, manufactured substance, salt, derivative, or preparation that is chemically identical with a substance listed in items 1 and 2 of this item; and
(iii) that is produced:
1. directly or indirectly by extraction from substances of vegetable origin;
2. independently by chemical synthesis; or
3. by a combination of extraction and chemical synthesis.
(2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf that does not contain cocaine or ecgonine.
(s) “Noncontrolled substance” means a substance that is not classified as a controlled dangerous substance under Subtitle 4 of this title.
(t)(1) “Opiate” means a substance that has an addiction-forming or addiction- sustaining quality similar to morphine or that can be converted into a drug that has this addiction-forming or addiction-sustaining quality.
(2) “Opiate” includes:
(i) the racemic and levorotatory forms of an opiate;
(ii) except for seeds, the opium poppy, the plant of the species Papaver somniferum L.;
(iii) the poppy straw consisting of the opium poppy after mowing except the seeds; and
(iv) coca leaf.
(3) “Opiate” does not include, unless specifically designated as controlled under § 5-202 of this title, the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts (dextromethorphan).
(v)(1) “Prescription drug” means a drug that:
(i) is intended to be used by an individual; and
(ii) because of its toxicity, other potentiality for harmful effect, method of use, or collateral measures necessary for its use:
1. bears a cautionary label warning a person that under federal law the drug may not be dispensed without a prescription; or
2. is designated by the Department as not safe for use except under the supervision of a person licensed by the State to administer a prescription drug.
(2) “Prescription drug” does not include a controlled dangerous substance.
§ 5-601. Possessing or administering controlled dangerous substance (top)
In general
(a) Except as otherwise provided in this title, a person may not:
(1) possess or administer to another a controlled dangerous substance, unless obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or
(2) obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) the counterfeiting or alteration of a prescription or a written order;
(iii) the concealment of a material fact;
(iv) the use of a false name or address;
(v) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or
(vi) making, issuing, or presenting a false or counterfeit prescription or written order.
Information not privileged
(b) Information that is communicated to a physician in an effort to obtain a controlled dangerous substance in violation of this section is not a privileged communication.
Penalty
(c)(1) Except as provided in paragraphs (2) and (3) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $25,000 or both.
(2) A person whose violation of this section involves the use or possession of marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
(3)(i) In a prosecution for the use or possession of marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.
(ii) Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed marijuana because of medical necessity, on conviction of a violation of th is section, the maximum penalty that the court may impose on the person is a fine not exceeding $100.
§ 5-602. Manufacturing, distributing, possession with intent to distribute, or dispensing controlled dangerous substance (top)
Except as otherwise provided in this title, a person may not:
(1) manufacture, distribute, or dispense a controlled dangerous substance; or
(2) possess a controlled dangerous substance in sufficient quantity reasonably to indicate under all circumstances an intent to manufacture, distribute, or dispense a controlled dangerous substance.
§ 5-603. Equipment to produce controlled dangerous substance
Except as otherwise provided in this title, a person may not manufacture, distribute, or possess a machine, equipment, instrument, implement, device, or a combination of them that is adapted to produce a controlled dangerous substance under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a controlled dangerous substance in violation of this title.
§ 5-604. Counterfeit substance (top)
“Counterfeit substance” defined
(a) In this section, “counterfeit substance” means a controlled dangerous substance, or its container or labeling, that:
(1) without authorization, bears a likeness of the trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the actual manufacturer, distributor, or dispenser; and
(2) thereby falsely purports or is represented to be the product of, or to have been distributed by, the other manufacturer, distributor, or dispenser.
Prohibited–In general
(b) Except as otherwise provided in this title, a person may not:
(1) create or distribute a counterfeit substance; or
(2) possess a counterfeit substance with intent to distribute it.
Prohibited–Equipment to create counterfeit substance
(c) Except as otherwise provided in this title, a person may not manufacture, distribute, or possess equipment that is designed to print, imprint, or reproduce an authentic or imitation trademark, trade name, other identifying mark, imprint, number, or device of another onto a drug or the container or label of a drug, rendering the drug a counterfeit substance.
§ 5-606. False prescription (top)
Prohibited
(a) Except as otherwise provided in this title, a person may not pass, issue, make, or possess a false, counterfeit, or altered prescription for a controlled dangerous substance with intent to distribute the controlled dangerous substance.
Information not privileged
(b) Information that is communicated to an authorized prescriber in an effort to obtain a controlled dangerous substance in violation of subsection (a) of this section is not a privileged communication.
§ 5-607. Penalties–Certain crimes (top)
In general
(a) Except as provided in §§ 5-608 and 5-609 of this subtitle, a person who violates a provision of §§ 5-602 through 5-606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both.
Repeat offender
(b)(1) A person who has been convicted previously under subsection (a) of this section shall be sentenced to imprisonment for not less than 2 years.
(2) The court may not suspend the mandatory minimum sentence to less than 2 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.
§ 5-608. Penalties–Narcotic drug (top)
In general
(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 $25,000 or both.
Second time offender
(b)(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 § 5-609 of this subtitle;
(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle; or
(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 § 5-609 of this subtitle if committed in this State.
(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.
Third time offender
(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 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, § 5-609 of this subtitle, or § 5-614 of this subtitle; and
(ii) has been convicted twice, if the convictions arise from separate occasions:
1. under subsection (a) of this section or § 5-609 of this subtitle;
2. of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 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 § 5-609 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.
Fourth time offender
(d)(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 or more separate terms of confinement as a result of three or more separate convictions:
(i) under subsection (a) of this section or § 5-609 of this subtitle;
(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 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 § 5-609 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 (top)
In general
(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 $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).
Second time offender
(b)(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.
Third time offender
(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 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.
Fourth time offender
(d)(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.
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 of cocaine;
(4) 50 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) any mixture containing 28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(7) 1,000 dosage units or more of lysergic acid diethylamide;
(8) any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;
(9) 16 ounces or more of phencyclidine in liquid form;
(10) 448 grams or more of any mixture containing phencyclidine;
(11) 448 grams or more of methamphetamine; or
(12) any mixture containing 448 grams or more 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.
Enhanced 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.
“Drug kingpin” defined
(a) In this section, “drug kingpin” means an organizer, supervisor, financier, or manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance.
Drug kingpin conspiracy; penalty
(b)(1) A drug kingpin who conspires to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance in an amount listed in § 5-612 of this subtitle is guilty of a felony and on conviction is subject to imprisonment for not less than 20 years and not exceeding 40 years without the possibility of parole or a fine not exceeding $1,000,000 or both.
(2) A court may not suspend any part of the mandatory minimum sentence of 20 years.
(3) The person is not eligible for parole during the mandatory minimum sentence.
Ultimate distributing or dispensing elsewhere not a defense
(c) It is not a defense to a prosecution under this section that the controlled dangerous substance was brought into or transported in the State solely for ultimate distribution or dispensing in another jurisdiction.
Merger
(d) Notwithstanding any other provision of this title, a conviction under this section does not merge with the conviction for any crime that is the object of the conspiracy.
Probation before judgment
(e) The provisions of § 6-220 of the Criminal Procedure Article do not apply to a conviction under this section.
Construction of section
(f) This section does not:
(1) prohibit a court from imposing an enhanced penalty under § 5-905 of this title; or
(2) preclude or limit a prosecution for any other crime.
§ 5-614. Importer of certain controlled dangerous substances (top)
Unlawful amounts
(a)(1) Unless authorized by law to possess the substance, a person may not bring into the State:
(i) 45 kilograms or more of marijuana;
(ii) 28 grams or more of cocaine;
(iii) any mixture containing 28 grams or more of cocaine;
(iv) 4 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(v) 1,000 dosage units of lysergic acid diethylamide;
(vi) any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;
(vii) 28 grams or more of phencyclidine in liquid or powder form;
(viii) 112 grams or more of any mixture containing phencyclidine;
(ix) 1,000 dosage units or more of methaqualone;
(x) 28 grams or more of methamphetamine;
(xi) any mixture containing 28 grams or more of methamphetamine; or
(xii) 4 grams or more of fentanyl or a fentanyl analogue.
(2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $50,000 or both.
Unlawful–Smaller amounts of marijuana
(b)(1) Unless authorized by law to possess the marijuana, a person may not bring into the State more than 5 kilograms but less than 45 kilograms of marijuana.
(2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both
§ 5-617. Distributing faked controlled dangerous substance (top)
In general
(a) A person may not distribute, attempt to distribute, or possess with intent to distribute a noncontrolled substance:
(1) that the person represents as a controlled dangerous substance;
(2) that the person intends for use or distribution as a controlled dangerous substance; or
(3) under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as a controlled dangerous substance.
Considerations
(b) To determine if a person has violated this section, the court or other authority shall include in its consideration:
(1) whether the noncontrolled substance was packaged in a manner normally used to distribute a controlled dangerous substance illegally;
(2) whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of consideration was substantially greater than the reasonable value of the noncontrolled substance; and
(3) whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both.
Belief not a defense
(d) It is not a defense to a prosecution under this section that the defendant believed that the noncontrolled substance was a controlled dangerous substance.
§ 5-618. Possession or purchase of noncontrolled substance (top)
In general
(a) Except as authorized in this title, a person may not possess or purchase a noncontrolled substance that the person reasonably believes is a controlled dangerous substance.
Considerations
(b) To determine if a person has violated this section, the court shall include in its consideration:
(1) whether the noncontrolled substance was packaged in a manner normally used to illegally distribute a controlled dangerous substance;
(2) if the noncontrolled substance was purchased, whether the amount of the consideration was substantially greater than the reasonable value of the noncontrolled substance; and
(3) whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.
Reasonable belief not a defense
(c) It is not a defense to a prosecution under this section that the substance a person possessed or purchased was not a controlled dangerous substance if the person reasonably believed that it was a controlled dangerous substance.
Penalty
(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
§ 5-619. Drug paraphernalia (top)
Factors to determine drug paraphernalia
(a) To determine whether an object is drug paraphernalia, a court shall consider, among other logically relevant factors:
(1) any statement by an owner or a person in control of the object concerning its use;
(2) any prior conviction of an owner or a person in control of the object under a State or federal law relating to a controlled dangerous substance;
(3) the proximity of the object, in time and space, to a direct violation of this section or to a controlled dangerous substance;
(4) a residue of a controlled dangerous substance on the object;
(5) direct or circumstantial evidence of the intent of an owner or a person in control of the object to deliver it to another who, the owner or the person knows or should reasonably know, intends to use the object to facilitate a violation of this section;
(6) any instructions, oral or written, provided with the object concerning its use;
(7) any descriptive materials accompanying the object that explain or depict its use;
(8) national and local advertising concerning use of the object;
(9) the manner in which the object is displayed for sale;
(10) whether the owner or a person in control of the object is a licensed distributor or dealer of tobacco products or other legitimate supplier of related items to the community;
(11) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(12) the existence and scope of legitimate uses for the object in the community; and
(13) expert testimony concerning use of the object.
Finding of intention or design–Innocence of owner not dispositive
(b) The innocence of an owner or a person in control of the object as to a direct violation of this section does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
Use or possession with intent to use; penalty
(c)(1) Unless authorized under this title, a person may not use or possess with intent to use drug paraphernalia to:
(i) plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled dangerous substance; or
(ii) inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance.
(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:
(i) for a first violation, a fine not exceeding $500; and
(ii) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
(3) A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating subsection (d)(4) of this section is subject to the penalty specified under paragraph (2)(ii) of this subsection.
(4)(i) In a prosecution under this subsection involving drug paraphernalia related to marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.
(ii) Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed drug paraphernalia related to marijuana because of medical necessity, on conviction of a violation of this subsection, the maximum penalty that the court may impose on the person is a fine not exceeding $100.
Delivery or sale; penalty
(d)(1) Unless authorized under this title, a person may not deliver or sell, or manufacture or possess with intent to deliver or sell, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that the drug paraphernalia will be used to:
(i) plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled dangerous substance; or
(ii) inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance.
(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:
(i) for a first violation, a fine not exceeding $500; and
(ii) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
(3) A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating paragraph (4) of this subsection is subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
(4) If a person who is at least 18 years old violates paragraph (1) of this subsection by delivering drug paraphernalia to a minor who is at least 3 years younger than the person, the person is guilty of a separate misdemeanor and on conviction is subject to imprisonment not exceeding 8 years or a fine not exceeding $15,000 or both.
Advertising; penalty
(e)(1) A person may not advertise in a newspaper, magazine, handbill, poster, sign, mailing, or other writing or publication, or by sound truck, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, wholly or partly, is to promote the sale or delivery of drug paraphernalia.
(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:
(i) for a first violation, a fine not exceeding $500; and
(ii) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
§ 5-620. Controlled paraphernalia (top)
Prohibited
(a) Unless authorized under this title, a person may not:
1) obtain or attempt to obtain controlled paraphernalia by:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) counterfeiting a prescription or a written order;
(iii) concealing a material fact or the use of a false name or address;
(iv) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or
(v) making or issuing a false or counterfeit prescription or written order; or
(2) possess or distribute controlled paraphernalia under circumstances which reasonably indicate an intention to use the controlled paraphernalia for purposes of illegally administering a controlled dangerous substance.
Evidence of unlawful intent
(b) Evidence of circumstances that reasonably indicate an intent to use controlled paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous substance unlawfully include the close proximity of the controlled paraphernalia to an adulterant, diluent, or equipment commonly used to illegally manufacture, administer, distribute, or dispense controlled dangerous substances, including:
(1) a scale;
(2) a sieve;
(3) a strainer;
(4) a measuring spoon;
(5) staples;
(6) a stapler;
(7) a glassine envelope;
(8) a gelatin capsule;
(9) procaine hydrochloride;
(10) mannitol;
(11) lactose;
(12) quinine; and
(13) a controlled dangerous substance.
Information not privileged
(c) Information that is communicated to a physician to obtain controlled paraphernalia from the physician in violation of this subtitle is not a privileged communication.
Penalty
(d)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $25,000 or both.
(2) A person who violates this section involving the use or possession of marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
§ 5-621. Use of weapon as separate crime (top)
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Drug trafficking crime” means a felony or a conspiracy to commit a felony involving the possession, distribution, manufacture, or importation of a controlled dangerous substance under §§ 5-602 through 5-609 and 5-614 of this article.
(3) “Forfeiting authority” means the office or person designated by agreement between the State’s Attorney for a county and the chief executive officer of the governing body that has jurisdiction over the assets subject to forfeiture.
Prohibited
(b) During and in relation to a drug trafficking crime, a person may not:
(1) possess a firearm under sufficient circumstances to constitute a nexus to the drug trafficking crime; or
(2) use, wear, carry, or transport a firearm.
Penalty
(c)(1) In addition to the sentence provided for the drug trafficking crime, a person who violates subsection (b) of this section is guilty of a felony and on conviction is subject to:
(i) for a first violation, imprisonment for not less than 5 years and not exceeding 20 years; or
(ii) for each subsequent violation, imprisonment for not less than 10 years and not exceeding 20 years.
(2)(i) The court shall impose a minimum sentence of 5 years under paragraph (1)(i) of this subsection.
(ii) The court shall impose a minimum sentence of 10 years under paragraph (1)(ii) of this subsection.
(3)(i) A court may not suspend any part of a mandatory minimum sentence.
(ii) Except as provided in § 4-305 of the Correctional Services Article, a person sentenced under this subsection is not eligible for parole.
(iii) A sentence imposed under paragraph (1)(ii) of this subsection shall be consecutive to and not concurrent with any other sentence imposed by virtue of the commission of the drug trafficking crime.
Enhanced sentence
(d)(1)(i) In this subsection, “firearm silencer” means a device that is designed for silencing, muffling, or diminishing the report of a firearm.
(ii) “Firearm silencer” includes a combination of parts designed, redesigned, or intended for use in assembling or fabricating a firearm silencer or muffler.
(2) A court shall double the minimum mandatory sentence provided in subsection (c)(1)(ii) of this section if the firearm used during and in relation to a drug trafficking crime is:
(i) listed in § 4-301 of this article or § 5-101 of the Public Safety Article;
(ii) a machine gun; or
(iii) equipped with a firearm silencer.
Forfeiture of firearm
(e)(1) A firearm or ammunition seized under this section is contraband and shall be forfeited summarily to a forfeiting authority.
(2) Unless otherwise prohibited by law or if forfeiture proceedings have begun, the forfeiting authority shall return the seized property to the owner or possessor within 90 days after the date of seizure if:
(i) the owner or possessor of the property seized is acquitted; or
(ii) the charges against the person are dismissed.
(3) Unless otherwise prohibited by law, the forfeiting authority shall return the seized property to the owner or possessor promptly if the State:
(i) enters a nolle prosequi against the owner or possessor of property seized; and
(ii) does not charge the person within 90 days after the nolle prosequi is entered.
§ 5-623. Proceeds of drug crime
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Drug crime” means:
(i) a crime under this title; or
(ii) a crime committed in another jurisdiction that would be a crime under this title if committed in this State.
(3) “Financial transaction” means:
(i) a payment;
(ii) a purchase;
(iii) a sale;
(iv) a loan;
(v) a pledge;
(vi) a transfer;
(vii) a delivery;
(viii) a deposit;
(ix) a withdrawal; or
(x) an extension of credit or exchange of a monetary instrument or equivalent property, including precious metals, stones or jewelry, airline tickets, stamps, or credit in a financial institution as defined in § 1-101 of the Financial Institutions Article.
(4) “Monetary instrument” means:
(i) coin or currency of the United States or any other country;
(ii) a bank check;
(iii) a travelers’ check;
(iv) a money order;
(v) an investment security; or
(vi) a negotiable instrument.
(5) “Proceeds” means money or any other property with a value exceeding $10,000.
Prohibited
(b) Except for a financial transaction necessary to preserve a person’s right to representation as guaranteed by the 6th Amendment to the United States Constitution and Article 21 of the Maryland Declaration of Rights, a person may not, with the intent to promote a drug crime or with the intent to conceal or disguise the nature, location, source, ownership, or control of proceeds of a drug crime:
(1) receive or acquire proceeds knowing that the proceeds are derived from a drug crime;
(2) engage in a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime;
(3) give, sell, transfer, trade, invest, conceal, transport, or maintain an interest in proceeds knowing that the proceeds are derived from a drug crime;
(4) direct, promote, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds knowing that the proceeds are derived from a drug crime; or
(5) conduct a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to:
(1) for a first violation:
(i) imprisonment not exceeding 5 years;
(ii) a fine not exceeding the greater of $250,000 or twice the value of the proceeds involved in the financial transaction; or
(iii) both; or
(2) for each subsequent violation:
(i) imprisonment not exceeding 10 years;
(ii) a fine not exceeding the greater of $500,000 or 5 times the value of the proceeds involved in the financial transaction; or
(iii) both.
Separate violation
(d) Notwithstanding any other provision of law, for purposes of this section each financial transaction is a separate violation.
§ 5-624. Drug-induced conduct (top)
“Drug” defined
(a) In this section, “drug” does not include alcohol.
Prohibited
(b) A person may not administer a controlled dangerous substance or other drug to another without that person’s knowledge and commit against that other:
(1) a crime of violence as defined in § 14-101 of this article; or
(2) a sexual offense in the third degree under § 3-307 of this article.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.
Sentencing
(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act or acts establishing the violation of this section.
§ 5-627. Controlled dangerous substance near school (top)
Prohibited
(a) A person may not manufacture, distribute, dispense, or possess with intent to distribute a controlled dangerous substance in violation of § 5-602 of this subtitle or conspire to commit any of these crimes:
(1) in a school vehicle, as defined under § 11-154 of the Transportation Article; or
(2) in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for elementary or secondary education.
Application of subsection (a)
(b) Subsection (a) of this section applies whether or not:
(1) school was in session at the time of the crime; or
(2) the real property was being used for purposes other than school purposes at the time of the crime.
Penalty
(c)(1) A person who violates this section is guilty of a felony and on conviction is subject to:
(i) for a first violation, imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both; or
(ii) for each subsequent violation, imprisonment not less than 5 years and not exceeding 40 years or a fine not exceeding $40,000 or both.
(2)(i) The court may not suspend the 5-year minimum sentence required by paragraph (1)(ii) of this subsection.
(ii) Except as otherwise provided in § 4-305 of the Correctional Services Article, a person sentenced under paragraph (1)(ii) of this subsection is not eligible for parole during this period of the 5-year minimum sentence.
(3) A sentence imposed under paragraph (1) of this subsection shall be consecutive to any other sentence imposed.
Merger
(d) Notwithstanding any other law, a conviction under this section may not merge with a conviction under § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-607, § 5-608, § 5-609, § 5-612, § 5-613, or § 5-628 of this subtitle.
Map as evidence
(e)(1) In a prosecution under this section, a map or certified copy of a map made by a county or municipal unit to depict the location and boundaries of the area within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for school purposes is admissible as prima facie evidence of the location and boundaries of the depicted area, if the governing body of the county or municipal corporation approves the map or certified copy of the map as an official record of the location and boundaries of the depicted area.
(2) The map or a certified copy of the map shall be filed with the county or municipal corporation, which shall maintain the map or the certified copy of the map as an official record.
(3) The governing body of the county or municipal corporation may revise periodically the map or certified copy of the map.
(4) This subsection does not preclude the prosecution from introducing other evidence to establish an element of a crime under this section.
(5) This subsection does not preclude the use or admissibility of maps or diagrams other than those approved by the county or municipal corporation.
Prohibited
(a)(1)(i) Except as provided in subparagraph (ii) of this paragraph, a person may not hire, solicit, engage, or use a minor to manufacture, deliver, or distribute on behalf of that person a controlled dangerous substance in sufficient quantity to reasonably indicate under all the circumstances an intent to distribute the controlled dangerous substance.
(ii) This paragraph does not prohibit a person from hiring, soliciting, engaging, or using a minor to manufacture, deliver, or distribute a controlled dangerous substance if the manufacturing, delivering, or distributing has a lawful purpose.
(2) A person may not transport, carry, or otherwise bring a minor into the State to use the minor to violate this section or § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-612, § 5-613, § 5-617, or § 5- 627 of this subtitle.
Penalty
(b) A person who violates this section 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.
§ 5-701. Dispensing prescription drug (top)
Scope of section
(a) Sections 5-701 through 5-704 of this subtitle apply to:
(1) the sale of prescription drugs by a manufacturer, wholesale distributor, retail pharmacist, or jobber to a person not legally qualified or authorized to purchase and hold prescription drugs for use or resale; and
(2) an authorized provider’s assistant who is not licensed to administer prescription drugs.
Prohibited–Dispensing not on prescription
(b) A person may not dispense a prescription drug except:
(1) on an authorized provider’s:
(i) written prescription; or
(ii) oral prescription that the pharmacist reduces to writing and files; or
(2) by refilling a written or oral prescription that is authorized:
(i) by the authorized provider in the original prescription; or
(ii) by oral direction that the pharmacist reduces to writing and files.
Prohibited–Without required label
(c) A person may not dispense a prescription drug by filling or refilling a written or oral prescription of an authorized provider unless the drug bears a label that, in addition to any requirements of the Department or federal law, contains:
(1) the name and address of the dispenser;
(2) the serial number and date of the prescription;
(3) the name of the authorized provider; and
(4) if stated in the prescription, the name and address of the patient and the directions for use.
Other prohibited acts
(d) Except as otherwise provided under this title, a person may not:
(1) manufacture, distribute, or possess with intent to distribute a prescription drug;
(2) affix a false or counterfeit label to a package, container, or other receptacle containing a prescription drug;
(3) omit, remove, alter, or obliterate a label or symbol that is required by federal, State, or local law on a prescription drug; or
(4) obtain or attempt to obtain a prescription drug by:
(i) fraud, deceit, or misrepresentation;
(ii) the counterfeiting or altering of a prescription or written order;
(iii) concealing a material fact;
(iv) using a false name or address;
(v) falsely assuming the title of or falsely representing that the person is a manufacturer, distributor, or authorized provider; or
(vi) making or issuing a false or counterfeit prescription or written order.
Penalty
(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.
For more information or to make an appointment with a SRIS, P.C. Maryland Drug Defense Attorney, please call, send an e-mail or complete the on-line form
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