Maryland § 5-608
Full text of Maryland Maryland Code § 5-608, with citation guidance and answers to common questions.
§ 5-608.
(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.
(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 § 5–609 of this subtitle;
(2) of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle; or
(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.
(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:
1. under subsection (a) of this section or § 5–609 or § 5–614 of this subtitle;
2. of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle; or
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
(ii) has been convicted twice, if the convictions arise from separate occasions:
1. under subsection (a) of this section or § 5–609 of this subtitle;
2. of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 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 § 5–609 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 or more separate terms of confinement as a result of three or more separate convictions:
(1) under subsection (a) of this section or § 5–609 of this subtitle;
(2) of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 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 § 5–609 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.
Frequently Asked Questions About Maryland § 5-608
What does Maryland Code § 5-608 cover?
Section 5-608 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maryland § 5-608?
A common citation format is "Maryland Code § 5-608" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maryland law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.
How does Maryland § 5-608 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.