# Criminal Law (GCR)

## Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances

### Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia

#### Section 5-608

(a) Except as otherwise provided in this section, a person who violates a provision of Sec.Sec. 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.

(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 Sec. 5-609 of this subtitle;

  (2) of conspiracy to commit a crime included in subsection (a) of this section or Sec. 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 Sec. 5-609 of this subtitle if committed in this State.

(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:

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

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

      (2) of conspiracy to commit a crime included in subsection (a) of this section or Sec. 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 Sec. 5-609 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 or more separate terms of confinement as a result of three or more separate convictions:

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

  (2) of conspiracy to commit a crime included in subsection (a) of this section or Sec. 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 Sec. 5-609 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 Sec. 8-507 of the Health - General Article because of the length of the sentence.

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Md. Code Ann., Crim. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)