§ 5-608. Penalties -- Narcotic drug

   (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 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.

(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 § 5-609 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.

(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:

         1. under subsection (a) of this section or § 5-609 or § 5-614 of this subtitle;

         2. of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle; or

         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; 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.

(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 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.

HISTORY: An. Code 1957, art. 27, § 286(b)(1), (c), (d), (e); 2002, ch. 26, § 2; 2003, ch. 21, § 1; 2006, ch. 327; 2010, ch. 417.