1. (a)

   1. (1) In this section the following words have the meanings indicated.

   2. (2) “Drug crime” means:

      1. (i) a crime under this title; or
      2. (ii) a crime committed in another jurisdiction that would be a crime under this title if committed in this State.

   3. (3) “Financial transaction” means:

      1. (i) a payment;
      2. (ii) a purchase;
      3. (iii) a sale;
      4. (iv) a loan;
      5. (v) a pledge;
      6. (vi) a transfer;
      7. (vii) a delivery;
      8. (viii) a deposit;
      9. (ix) a withdrawal; or
      10. (x) an extension of credit or exchange of a monetary instrument or equivalent property, including precious metals, stones or jewelry, airline tickets, stamps, or credit in a financial institution as defined in § 1-101 of the Financial Institutions Article.

   4. (4) “Monetary instrument” means:

      1. (i) coin or currency of the United States or any other country;
      2. (ii) a bank check;
      3. (iii) a travelers' check;
      4. (iv) a money order;
      5. (v) an investment security; or
      6. (vi) a negotiable instrument.
   5. (5) “Proceeds” means money or any other property with a value exceeding $10,000.

2. (b) Except for a financial transaction necessary to preserve a person's right to representation as guaranteed by the 6th Amendment to the United States Constitution and Article 21 of the Maryland Declaration of Rights, a person may not, with the intent to promote a drug crime or with the intent to conceal or disguise the nature, location, source, ownership, or control of proceeds of a drug crime:

   1. (1) receive or acquire proceeds knowing that the proceeds are derived from a drug crime;
   2. (2) engage in a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime;
   3. (3) give, sell, transfer, trade, invest, conceal, transport, or maintain an interest in proceeds knowing that the proceeds are derived from a drug crime;
   4. (4) direct, promote, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds knowing that the proceeds are derived from a drug crime; or
   5. (5) conduct a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime.

3. (c) A person who violates this section is guilty of a felony and on conviction is subject to:

   1. (1) for a first violation:

      1. (i) imprisonment not exceeding 5 years;
      2. (ii) a fine not exceeding the greater of $250,000 or twice the value of the proceeds involved in the financial transaction; or
      3. (iii) both; or

   2. (2) for each subsequent violation:

      1. (i) imprisonment not exceeding 10 years;
      2. (ii) a fine not exceeding the greater of $500,000 or 5 times the value of the proceeds involved in the financial transaction; or
      3. (iii) both.
4. (d) Notwithstanding any other provision of law, for purposes of this section each financial transaction is a separate violation.

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 297B.