Section 5-608 - Penalties - Narcotic drug(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; or3. 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; 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 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.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.