1. (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 $15,000 or both.

2. (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. (1) under subsection (a) of this section or § 5-609 of this subtitle;
   2. (2) of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle; or
   3. (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.

3. (c)

   1. (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:

      1. (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. 1. under subsection (a) of this section or § 5-609 or § 5-614 of this subtitle;
         2. 2. of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle; or
         3. 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

      2. (ii) has been convicted twice, if the convictions arise from separate occasions:

         1. 1. under subsection (a) of this section or § 5-609 of this subtitle;
         2. 2. of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle;
         3. 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. 4. of any combination of these crimes.
   2. (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.

4. (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. (1) under subsection (a) of this section or § 5-609 of this subtitle;
   2. (2) of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle;
   3. (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. (4) of any combination of these crimes.
5. (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.

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2006, c. 327, § 1, eff. Oct. 1, 2006; Acts 2010, c. 417, § 1, eff. Oct. 1, 2010; Acts 2015, c. 490, § 1, eff. Oct. 1, 2015; Acts 2016, c. 515, § 2, eff. Oct. 1, 2017.

Formerly Art. 27, § 286.