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 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. (1) phencyclidine;
   2. (2) 1-(1-phenylcyclohexyl) piperidine;
   3. (3) 1-phenylcyclohexylamine;
   4. (4) 1-piperidinocyclohexanecarbonitrile;
   5. (5) N-ethyl-1-phenylcyclohexylamine;
   6. (6) 1-(1-phenylcyclohexyl)-pyrrolidine;
   7. (7) 1-(1-(2-thienyl)-cyclohexyl)-piperidine;
   8. (8) lysergic acid diethylamide; or
   9. (9) 750 grams or more of 3, 4-methylenedioxymethamphetamine (MDMA).

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 § 5-608 of this subtitle;
   2. (2) of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 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 § 5-608 of this subtitle if committed in this State; or
   4. (4) of any combination of these crimes.

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 under subsection (a) of this section, § 5-608 of this subtitle, or § 5-614 of this subtitle; and

      2. (ii) if the convictions do not arise from a single incident, has been convicted twice:

         1. 1. under subsection (a) of this section or § 5-608 of this subtitle;
         2. 2. of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 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 § 5-608 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 separate terms of confinement as a result of three separate convictions:

   1. (1) under subsection (a) of this section or § 5-608 of this subtitle;
   2. (2) of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 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 § 5-608 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 2004, c. 25, § 1, eff. April 13, 2004; Acts 2004, c. 237, § 1, eff. Oct. 1, 2004; Acts 2004, c. 238, § 1, eff. Oct. 1, 2004; Acts 2015, c. 490, § 1, eff. Oct. 1, 2015; Acts 2016, c. 515, § 2, eff. Oct. 1, 2017.

Formerly Art. 27, § 286.