(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.
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