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(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

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.

een 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

btitle; (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.

Section 5-609 - Penalties -- Selected Schedule I and Ii Hallucinogenic Substances