§ 5–609
Statutes in effect as of October 1, 2026.
Md. Code Ann., Crim. Law § 5-609 (2026)
Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia
§ 5–609LinkCopy Citation
(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:
(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).
(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 § 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.
(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 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)
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 separate terms of confinement as a result of three separate convictions:
(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.
(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.