Section 5-627 - Controlled dangerous substance near school.
§ 5-627. Controlled dangerous substance near school.
(a) Prohibited.- A person may not manufacture, distribute, dispense, or possess with intent to distribute a controlled dangerous substance in violation of § 5-602 of this subtitle or conspire to commit any of these crimes:
(1) in a school vehicle, as defined under § 11-154 of the Transportation Article; or
(2) in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for elementary or secondary education.
(b) Application of subsection (a).- Subsection (a) of this section applies whether or not:
(1) school was in session at the time of the crime; or
(2) the real property was being used for purposes other than school purposes at the time of the crime.
(c) Penalty.-
(1) A person who violates this section is guilty of a felony and on conviction is subject to:
(i) for a first violation, imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both; or
(ii) for each subsequent violation, imprisonment not less than 5 years and not exceeding 40 years or a fine not exceeding $40,000 or both.
(2) (i) The court may not suspend the 5-year minimum sentence required by paragraph (1)(ii) of this subsection.
(ii) Except as otherwise provided in § 4-305 of the Correctional Services Article, a person sentenced under paragraph (1)(ii) of this subsection is not eligible for parole during this period of the 5-year minimum sentence.
(3) A sentence imposed under paragraph (1) of this subsection shall be consecutive to any other sentence imposed.
(d) Merger.- Notwithstanding any other law, a conviction under this section may not merge with a conviction under § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-607, § 5-608, § 5-609, § 5-612, § 5-613, or § 5-628 of this subtitle.
(e) Map as evidence.-
(1) In a prosecution under this section, a map or certified copy of a map made by a county or municipal unit to depict the location and boundaries of the area within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for school purposes is admissible as prima facie evidence of the location and boundaries of the depicted area, if the governing body of the county or municipal corporation approves the map or certified copy of the map as an official record of the location and boundaries of the depicted area.
(2) The map or a certified copy of the map shall be filed with the county or municipal corporation, which shall maintain the map or the certified copy of the map as an official record.
(3) The governing body of the county or municipal corporation may revise periodically the map or certified copy of the map.
(4) This subsection does not preclude the prosecution from introducing other evidence to establish an element of a crime under this section.
(5) This subsection does not preclude the use or admissibility of maps or diagrams other than those approved by the county or municipal corporation.
[An. Code 1957, art. 27, § 286D; 2002, ch. 26, § 2.]