Section 5-609 - Penalties - Selected Schedule I and II hallucinogenic substances(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:(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 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. 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; or4. 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 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.Amended by 2016 Md. Laws, Ch. 515,Sec. 2, eff. 10/1/2017.Amended by 2015 Md. Laws, Ch. 490,Sec. 1, eff. 10/1/2015.