§ 5-612
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/md/criminal-law/5-612·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–612.
(a)A person may not manufacture, distribute, dispense, or possess:
(1)50 pounds or more of cannabis;
(2)448 grams or more of cocaine;
(3)448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of cocaine;
(4)448 grams or more of cocaine base, commonly known as “crack”;
(5)28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(6)28 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(7)5 grams or more of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration;
(8)28 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration;
(9)1,000 dosage units or more of lysergic acid diethylamide;
(10)any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;
(11)16 ounces or more of phencyclidine in liquid form;
(12)448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of phencyclidine;
(13)448 grams or more of methamphetamine; or
(14)448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of methamphetamine.
(b)For the purpose of determining the quantity of a controlled dangerous substance involved in individual acts of manufacturing, distributing, dispensing, or possessing under subsection
(a)of this section, the acts may be aggregated if each of the acts occurred within a 90–day period.
(i)Except as provided in paragraph
(2)of this subsection, a person who violates subsection
(a)of this section is guilty of a felony and on conviction shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000.
(ii)The court may not suspend any part of the mandatory minimum sentence of 5 years.
(iii)Except as provided in § 4–305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.
(2)A person who violates subsection (a)(1) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $50,000 or both.