| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0925* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 925 | |
| 11 | 8 | E1, A3 5lr1688 | |
| 12 | 9 | SB 404/24 – JPR CF HB 413 | |
| 13 | 10 | By: Senator Smith | |
| 14 | 11 | Introduced and read first time: January 28, 2025 | |
| 15 | 12 | Assigned to: Judicial Proceedings | |
| 16 | - | Committee Report: Favorable | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 8, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Criminal Law – Controlled Dangerous Substances and Firearms 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of authorizing a person who is at least a certain age to manufacture a 3 | |
| 27 | 21 | personal use amount of cannabis products or concentrated cannabis for personal use 4 | |
| 28 | 22 | or adult sharing at a private residence if the manufacturing process does not involve 5 | |
| 29 | 23 | the use of a volatile solvent; specifying that manufacturing, distributing, dispensing, 6 | |
| 30 | 24 | or possessing certain large quantities of certain controlled dangerous substances is 7 | |
| 31 | 25 | a felony; altering the penalties for being a volume dealer and drug kingpin with 8 | |
| 32 | 26 | regard to cannabis; authorizing a certain person serving a certain term of 9 | |
| 33 | 27 | confinement imposed on or before a certain date for an offense relating to volume 10 | |
| 34 | 28 | dealing in cocaine base or cannabis or being a drug kingpin with regard to cocaine 11 | |
| 35 | 29 | base or cannabis to file a certain motion to modify or reduce the sentence under 12 | |
| 36 | 30 | certain circumstances; altering the penalties for certain crimes relating to firearms; 13 | |
| 37 | 31 | and generally relating to controlled dangerous substances and firearms. 14 | |
| 38 | 32 | ||
| 39 | 33 | BY repealing and reenacting, without amendments, 15 | |
| 40 | 34 | Article – Criminal Law 16 | |
| 41 | 35 | Section 5–101(a) and (u) and 5–602 17 | |
| 42 | 36 | Annotated Code of Maryland 18 | |
| 43 | 37 | (2021 Replacement Volume and 2024 Supplement) 19 | |
| 44 | 38 | ||
| 45 | 39 | BY repealing and reenacting, with amendments, 20 | |
| 46 | 40 | Article – Criminal Law 21 | |
| 47 | 41 | Section 5–603, 5–612, and 5–613 22 | |
| 48 | - | Annotated Code of Maryland 23 2 SENATE BILL 925 | |
| 42 | + | Annotated Code of Maryland 23 | |
| 43 | + | (2021 Replacement Volume and 2024 Supplement) 24 | |
| 44 | + | ||
| 45 | + | BY adding to 25 | |
| 46 | + | Article – Criminal Law 26 | |
| 47 | + | Section 5–612.1 and 5–613.1 27 | |
| 48 | + | Annotated Code of Maryland 28 2 SENATE BILL 925 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | 51 | (2021 Replacement Volume and 2024 Supplement) 1 | |
| 52 | 52 | ||
| 53 | - | BY | |
| 54 | - | Article – | |
| 55 | - | Section 5– | |
| 53 | + | BY repealing and reenacting, with amendments, 2 | |
| 54 | + | Article – Public Safety 3 | |
| 55 | + | Section 5–138, 5–140, 5–406, and 5–703 4 | |
| 56 | 56 | Annotated Code of Maryland 5 | |
| 57 | - | ( | |
| 57 | + | (2022 Replacement Volume and 2024 Supplement) 6 | |
| 58 | 58 | ||
| 59 | - | BY repealing and reenacting, with amendments, 7 | |
| 60 | - | Article – Public Safety 8 | |
| 61 | - | Section 5–138, 5–140, 5–406, and 5–703 9 | |
| 62 | - | Annotated Code of Maryland 10 | |
| 63 | - | (2022 Replacement Volume and 2024 Supplement) 11 | |
| 59 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7 | |
| 60 | + | That the Laws of Maryland read as follows: 8 | |
| 64 | 61 | ||
| 65 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 | |
| 66 | - | That the Laws of Maryland read as follows: 13 | |
| 62 | + | Article – Criminal Law 9 | |
| 67 | 63 | ||
| 68 | - | ||
| 64 | + | 5–101. 10 | |
| 69 | 65 | ||
| 70 | - | ||
| 66 | + | (a) In this title the following words have the meanings indicated. 11 | |
| 71 | 67 | ||
| 72 | - | ( | |
| 68 | + | (u) “Personal use amount” means: 12 | |
| 73 | 69 | ||
| 74 | - | ( | |
| 70 | + | (1) an amount of usable cannabis that does not exceed 1.5 ounces; 13 | |
| 75 | 71 | ||
| 76 | - | ( | |
| 72 | + | (2) an amount of concentrated cannabis that does not exceed 12 grams; 14 | |
| 77 | 73 | ||
| 78 | - | (2) an amount of concentrated cannabis that does not exceed 12 grams; 19 | |
| 74 | + | (3) an amount of cannabis products containing 15 | |
| 75 | + | delta–9–tetrahydrocannabinol that does not exceed 750 milligrams; or 16 | |
| 79 | 76 | ||
| 80 | - | (3) an amount of cannabis produ cts containing 20 | |
| 81 | - | delta–9–tetrahydrocannabinol that does not exceed 750 milligrams; or 21 | |
| 77 | + | (4) two or fewer cannabis plants. 17 | |
| 82 | 78 | ||
| 83 | - | ||
| 79 | + | 5–602. 18 | |
| 84 | 80 | ||
| 85 | - | ||
| 81 | + | (a) Except as otherwise provided in this title, a person may not: 19 | |
| 86 | 82 | ||
| 87 | - | ( | |
| 83 | + | (1) distribute or dispense a controlled dangerous substance; or 20 | |
| 88 | 84 | ||
| 89 | - | (1) distribute or dispense a controlled dangerous substance; or 25 | |
| 85 | + | (2) possess a controlled dangerous substance other than cannabis in 21 | |
| 86 | + | sufficient quantity reasonably to indicate under all circumstances an intent to distribute or 22 | |
| 87 | + | dispense a controlled dangerous substance. 23 | |
| 90 | 88 | ||
| 91 | - | ( | |
| 92 | - | sufficient quantity reasonably to indicate under all circumstances an intent to | |
| 93 | - | dispense | |
| 89 | + | (b) (1) Except as otherwise provided in this title, a person may not possess 24 | |
| 90 | + | cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to 25 | |
| 91 | + | distribute or dispense cannabis. 26 | |
| 94 | 92 | ||
| 95 | - | (b) (1) Except as otherwise provided in this title, a person may not possess 29 | |
| 96 | - | cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to 30 | |
| 97 | - | distribute or dispense cannabis. 31 SENATE BILL 925 3 | |
| 93 | + | (2) Possession of the civil use amount of cannabis or the personal use 27 | |
| 94 | + | amount of cannabis without other evidence of an intent to distribute or dispense does not 28 | |
| 95 | + | constitute a violation of paragraph (1) of this subsection. 29 | |
| 96 | + | SENATE BILL 925 3 | |
| 97 | + | ||
| 98 | + | ||
| 99 | + | (c) (1) (i) In this subsection, “adult sharing” means transferring cannabis 1 | |
| 100 | + | between persons who are 21 years of age or older without remuneration. 2 | |
| 101 | + | ||
| 102 | + | (ii) “Adult sharing” does not include instances in which: 3 | |
| 103 | + | ||
| 104 | + | 1. cannabis is given away contemporaneously with another 4 | |
| 105 | + | reciprocal transaction between the same parties; 5 | |
| 106 | + | ||
| 107 | + | 2. a gift of cannabis is offered or advertised in conjunction 6 | |
| 108 | + | with an offer for the sale of goods or services; or 7 | |
| 109 | + | ||
| 110 | + | 3. a gift of cannabis is contingent on a separate reciprocal 8 | |
| 111 | + | transaction for goods or services. 9 | |
| 112 | + | ||
| 113 | + | (2) This section does not prohibit, and no civil or criminal penalty may be 10 | |
| 114 | + | imposed for, adult sharing of the personal use amount of cannabis. 11 | |
| 115 | + | ||
| 116 | + | 5–603. 12 | |
| 117 | + | ||
| 118 | + | (a) Except as otherwise provided in this title, a person may not manufacture a 13 | |
| 119 | + | controlled dangerous substance other than cannabis, or manufacture, distribute, or possess 14 | |
| 120 | + | a machine, equipment, instrument, implement, device, or a combination of them that is 15 | |
| 121 | + | adapted to produce a controlled dangerous substance other than cannabis under 16 | |
| 122 | + | circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a 17 | |
| 123 | + | controlled dangerous substance other than cannabis in violation of this title. 18 | |
| 124 | + | ||
| 125 | + | (b) Except as otherwise provided in this title, a person may not cultivate or grow 19 | |
| 126 | + | cannabis or manufacture a cannabis product, or manufacture, distribute, or possess a 20 | |
| 127 | + | machine, equipment, an instrument, an implement, a device, or a combination of them that 21 | |
| 128 | + | is adapted to produce cannabis or a cannabis product under circumstances that reasonably 22 | |
| 129 | + | indicate an intent to use it to produce, sell, or dispense cannabis or a cannabis product in 23 | |
| 130 | + | violation of this title. 24 | |
| 131 | + | ||
| 132 | + | (C) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 25 | |
| 133 | + | MEANINGS INDICATED . 26 | |
| 134 | + | ||
| 135 | + | (II) “ADULT SHARING ” HAS THE MEANING STAT ED IN § 27 | |
| 136 | + | 5–602(C)(1) OF THIS SUBTITLE. 28 | |
| 137 | + | ||
| 138 | + | (III) 1. “VOLATILE SOLVENT ” MEANS A SOLVENT THAT IS OR 29 | |
| 139 | + | PRODUCES A FLAMMABLE GAS OR VAPOR THAT , WHEN PRESENT IN THE AIR IN 30 | |
| 140 | + | SUFFICIENT QUANTITIE S, WILL CREATE EXPLOSIVE OR IGNITABLE MIXTURES . 31 | |
| 141 | + | ||
| 142 | + | 2. “VOLATILE SOLVENT ” INCLUDES BUTANE , HEXANE, 32 | |
| 143 | + | AND PROPANE . 33 | |
| 144 | + | 4 SENATE BILL 925 | |
| 145 | + | ||
| 146 | + | ||
| 147 | + | (2) A PERSON WHO IS AT LEA ST 21 YEARS OLD MAY MANUFA CTURE A 1 | |
| 148 | + | PERSONAL USE AMOUNT OF CANNABIS PRODUCTS OR CONCENTRATED CANN ABIS 2 | |
| 149 | + | FOR PERSONAL USE OR ADULT SHARING AT A P RIVATE RESIDENCE IF THE 3 | |
| 150 | + | MANUFACTURING PROCES S DOES NOT INVOLVE T HE USE OF A VOLATILE SOLVENT. 4 | |
| 151 | + | ||
| 152 | + | 5–612. 5 | |
| 153 | + | ||
| 154 | + | (a) A person may not manufacture, distribute, dispense, or possess: 6 | |
| 155 | + | ||
| 156 | + | (1) 50 pounds or more of cannabis; 7 | |
| 157 | + | ||
| 158 | + | (2) 448 grams or more of cocaine; 8 | |
| 159 | + | ||
| 160 | + | (3) 448 grams or more of any mixture containing a detectable amount, as 9 | |
| 161 | + | scientifically measured using representative sampling methodology, of cocaine; 10 | |
| 162 | + | ||
| 163 | + | (4) 448 grams or more of cocaine base, commonly known as “crack”; 11 | |
| 164 | + | ||
| 165 | + | (5) 28 grams or more of morphine or opium or any derivative, salt, isomer, 12 | |
| 166 | + | or salt of an isomer of morphine or opium; 13 | |
| 167 | + | ||
| 168 | + | (6) 28 grams or more of any mixture containing a detectable amount, as 14 | |
| 169 | + | scientifically measured using representative sampling methodology, of morphine or opium 15 | |
| 170 | + | or any derivative, salt, isomer, or salt of an isomer of morphine or opium; 16 | |
| 171 | + | ||
| 172 | + | (7) 5 grams or more of fentanyl or any structural variation of fentanyl that 17 | |
| 173 | + | is scheduled by the United States Drug Enforcement Administration; 18 | |
| 174 | + | ||
| 175 | + | (8) 28 grams or more of any mixture containing a detectable amount, as 19 | |
| 176 | + | scientifically measured using representative sampling methodology, of fentanyl or any 20 | |
| 177 | + | structural variation of fentanyl that is scheduled by the United States Drug Enforcement 21 | |
| 178 | + | Administration; 22 | |
| 179 | + | ||
| 180 | + | (9) 1,000 dosage units or more of lysergic acid diethylamide; 23 | |
| 181 | + | ||
| 182 | + | (10) any mixture containing the equivalent of 1,000 dosage units of lysergic 24 | |
| 183 | + | acid diethylamide; 25 | |
| 184 | + | ||
| 185 | + | (11) 16 ounces or more of phencyclidine in liquid form; 26 | |
| 186 | + | ||
| 187 | + | (12) 448 grams or more of any mixture containing a detectable amount, as 27 | |
| 188 | + | scientifically measured using representative sampling methodology, of phencyclidine; 28 | |
| 189 | + | ||
| 190 | + | (13) 448 grams or more of methamphetamine; or 29 | |
| 191 | + | ||
| 192 | + | (14) 448 grams or more of any mixture containing a detectable amount, as 30 | |
| 193 | + | scientifically measured using representative sampling methodology, of methamphetamine. 31 SENATE BILL 925 5 | |
| 98 | 194 | ||
| 99 | 195 | ||
| 100 | 196 | ||
| 101 | - | (2) Possession of the civil use amount of cannabis or the personal use 1 | |
| 102 | - | amount of cannabis without other evidence of an intent to distribute or dispense does not 2 | |
| 103 | - | constitute a violation of paragraph (1) of this subsection. 3 | |
| 197 | + | (b) For the purpose of determining the quantity of a controlled dangerous 1 | |
| 198 | + | substance involved in individual acts of manufacturing, distributing, dispensing, or 2 | |
| 199 | + | possessing under subsection (a) of this section, the acts may be aggregated if each of the 3 | |
| 200 | + | acts occurred within a 90–day period. 4 | |
| 104 | 201 | ||
| 105 | - | (c) (1) (i) In this subsection, “adult sharing” means transferring cannabis 4 | |
| 106 | - | between persons who are 21 years of age or older without remuneration. 5 | |
| 202 | + | (c) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 5 | |
| 203 | + | SUBSECTION, A person who [is convicted of a violation of] VIOLATES subsection (a) of this 6 | |
| 204 | + | section IS GUILTY OF A FELON Y AND ON CONVICTION shall be sentenced to 7 | |
| 205 | + | imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000. 8 | |
| 107 | 206 | ||
| 108 | - | (ii) “Adult sharing” does not include instances in which: 6 | |
| 207 | + | [(2)] (II) The court may not suspend any part of the mandatory minimum 9 | |
| 208 | + | sentence of 5 years. 10 | |
| 109 | 209 | ||
| 110 | - | | |
| 111 | - | ||
| 210 | + | [(3)] (III) Except as provided in § 4–305 of the Correctional Services 11 | |
| 211 | + | Article, the person is not eligible for parole during the mandatory minimum sentence. 12 | |
| 112 | 212 | ||
| 113 | - | 2. a gift of cannabis is offered or advertised in conjunction 9 | |
| 114 | - | with an offer for the sale of goods or services; or 10 | |
| 213 | + | (2) A PERSON WHO VIOLATES SUBSECTION (A)(1) OF THIS SECTION IS 13 | |
| 214 | + | GUILTY OF A MISDEMEA NOR AND ON CONVICTION IS SUBJEC T TO IMPRISONMENT 14 | |
| 215 | + | NOT EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH. 15 | |
| 115 | 216 | ||
| 116 | - | 3. a gift of cannabis is contingent on a separate reciprocal 11 | |
| 117 | - | transaction for goods or services. 12 | |
| 217 | + | 5–612.1. 16 | |
| 118 | 218 | ||
| 119 | - | (2) This section does not prohibit, and no civil or criminal penalty may be 13 | |
| 120 | - | imposed for, adult sharing of the personal use amount of cannabis. 14 | |
| 219 | + | (A) NOTWITHSTANDING ANY O THER PROVISION OF LA W AND SUBJECT TO 17 | |
| 220 | + | SUBSECTION (C) OF THIS SECTION , A PERSON WHO IS SERV ING A TERM OF 18 | |
| 221 | + | CONFINEMENT TH AT INCLUDES A MANDAT ORY MINIMUM SENTENCE IMPOSED ON OR 19 | |
| 222 | + | BEFORE SEPTEMBER 30, 2017, FOR A VIOLATION OF § 5–612 OR § 5–613 OF THIS 20 | |
| 223 | + | SUBTITLE INVOLVING L ESS THAN 448 GRAMS OF COCAINE BAS E MAY APPLY TO THE 21 | |
| 224 | + | COURT TO MODIFY OR R EDUCE THE MANDATORY MINIMUM SENTENCE AS PROVIDED 22 | |
| 225 | + | IN MARYLAND RULE 4–345, REGARDLESS OF WHETHE R THE DEFENDANT FILE D A 23 | |
| 226 | + | TIMELY MOTION FOR RE CONSIDERATION OR A M OTION FOR RECONSIDER ATION WAS 24 | |
| 227 | + | DENIED BY THE COURT . 25 | |
| 121 | 228 | ||
| 122 | - | 5–603. 15 | |
| 229 | + | (B) THE COURT MAY MODIFY THE SENTENCE AND DEP ART FROM THE 26 | |
| 230 | + | MANDATORY MINIMUM SE NTENCE UNLESS THE STATE SHOWS THAT , GIVING DUE 27 | |
| 231 | + | REGARD TO THE NATURE OF THE CRIME , THE HISTORY AND CHAR ACTER OF THE 28 | |
| 232 | + | DEFENDANT , AND THE DEFENDANT ’S CHANCES OF SUCCESS FUL REHABILITATION : 29 | |
| 123 | 233 | ||
| 124 | - | (a) Except as otherwise provided in this title, a person may not manufacture a 16 | |
| 125 | - | controlled dangerous substance other than cannabis, or manufacture, distribute, or possess 17 | |
| 126 | - | a machine, equipment, instrument, implement, device, or a combination of them that is 18 | |
| 127 | - | adapted to produce a controlled dangerous substance other than cannabis under 19 | |
| 128 | - | circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a 20 | |
| 129 | - | controlled dangerous substance other than cannabis in violation of this title. 21 | |
| 234 | + | (1) RETENTION OF THE MAN DATORY MINIMUM SENTE NCE WOULD 30 | |
| 235 | + | NOT RESULT IN SUBS TANTIAL INJUSTICE TO THE DEFENDANT ; AND 31 | |
| 130 | 236 | ||
| 131 | - | (b) Except as otherwise provided in this title, a person may not cultivate or grow 22 | |
| 132 | - | cannabis or manufacture a cannabis product, or manufacture, distribute, or possess a 23 | |
| 133 | - | machine, equipment, an instrument, an implement, a device, or a combination of them that 24 | |
| 134 | - | is adapted to produce cannabis or a cannabis product under circumstances that reasonably 25 | |
| 135 | - | indicate an intent to use it to produce, sell, or dispense cannabis or a cannabis product in 26 | |
| 136 | - | violation of this title. 27 | |
| 137 | - | ||
| 138 | - | (C) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 28 | |
| 139 | - | MEANINGS INDICATED . 29 | |
| 140 | - | ||
| 141 | - | (II) “ADULT SHARING ” HAS THE MEANING STAT ED IN § 30 | |
| 142 | - | 5–602(C)(1) OF THIS SUBTITLE. 31 | |
| 143 | - | 4 SENATE BILL 925 | |
| 144 | - | ||
| 145 | - | ||
| 146 | - | (III) 1. “VOLATILE SOLVENT ” MEANS A SOLVENT THAT IS OR 1 | |
| 147 | - | PRODUCES A FLAMMABLE GAS OR VAP OR THAT, WHEN PRESENT IN THE AIR IN 2 | |
| 148 | - | SUFFICIENT QUANTITIE S, WILL CREATE EXPLOSIV E OR IGNITABLE MIXTU RES. 3 | |
| 149 | - | ||
| 150 | - | 2. “VOLATILE SOLVENT ” INCLUDES BUTANE , HEXANE, 4 | |
| 151 | - | AND PROPANE . 5 | |
| 152 | - | ||
| 153 | - | (2) A PERSON WHO IS AT LEA ST 21 YEARS OLD MAY MANUFA CTURE A 6 | |
| 154 | - | PERSONAL USE AMOUNT OF CANNABIS PRODUCTS OR CONCENTRATED CANNABI S 7 | |
| 155 | - | FOR PERSONAL USE OR ADULT SHARING AT A P RIVATE RESIDENCE IF THE 8 | |
| 156 | - | MANUFACTURING PROCES S DOES NOT INVOLVE T HE USE OF A VOLATILE SOLVENT. 9 | |
| 157 | - | ||
| 158 | - | 5–612. 10 | |
| 159 | - | ||
| 160 | - | (a) A person may not manufacture, distribute, dispense, or possess: 11 | |
| 161 | - | ||
| 162 | - | (1) 50 pounds or more of cannabis; 12 | |
| 163 | - | ||
| 164 | - | (2) 448 grams or more of cocaine; 13 | |
| 165 | - | ||
| 166 | - | (3) 448 grams or more of any mixture containing a detectable amount, as 14 | |
| 167 | - | scientifically measured using representative sampling methodology, of cocaine; 15 | |
| 168 | - | ||
| 169 | - | (4) 448 grams or more of cocaine base, commonly known as “crack”; 16 | |
| 170 | - | ||
| 171 | - | (5) 28 grams or more of morphine or opium or any derivative, salt, isomer, 17 | |
| 172 | - | or salt of an isomer of morphine or opium; 18 | |
| 173 | - | ||
| 174 | - | (6) 28 grams or more of any mixture containing a detectable amount, as 19 | |
| 175 | - | scientifically measured using representative sampling methodology, of morphine or opium 20 | |
| 176 | - | or any derivative, salt, isomer, or salt of an isomer of morphine or opium; 21 | |
| 177 | - | ||
| 178 | - | (7) 5 grams or more of fentanyl or any structural variation of fentanyl that 22 | |
| 179 | - | is scheduled by the United States Drug Enforcement Administration; 23 | |
| 180 | - | ||
| 181 | - | (8) 28 grams or more of any mixture containing a detectable amount, as 24 | |
| 182 | - | scientifically measured using representative sampling methodology, of fentanyl or any 25 | |
| 183 | - | structural variation of fentanyl that is scheduled by the United States Drug Enforcement 26 | |
| 184 | - | Administration; 27 | |
| 185 | - | ||
| 186 | - | (9) 1,000 dosage units or more of lysergic acid diethylamide; 28 | |
| 187 | - | ||
| 188 | - | (10) any mixture containing the equivalent of 1,000 dosage units of lysergic 29 | |
| 189 | - | acid diethylamide; 30 | |
| 190 | - | ||
| 191 | - | (11) 16 ounces or more of phencyclidine in liquid form; 31 SENATE BILL 925 5 | |
| 192 | - | ||
| 193 | - | ||
| 194 | - | ||
| 195 | - | (12) 448 grams or more of any mixture containing a detectable amount, as 1 | |
| 196 | - | scientifically measured using representative sampling methodology, of phencyclidine; 2 | |
| 197 | - | ||
| 198 | - | (13) 448 grams or more of methamphetamine; or 3 | |
| 199 | - | ||
| 200 | - | (14) 448 grams or more of any mixture containing a detectable amount, as 4 | |
| 201 | - | scientifically measured using representative sampling methodology, of methamphetamine. 5 | |
| 202 | - | ||
| 203 | - | (b) For the purpose of determining the quantity of a controlled dangerous 6 | |
| 204 | - | substance involved in individual acts of manufacturing, distributing, dispensing, or 7 | |
| 205 | - | possessing under subsection (a) of this section, the acts may be aggregated if each of the 8 | |
| 206 | - | acts occurred within a 90–day period. 9 | |
| 207 | - | ||
| 208 | - | (c) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 10 | |
| 209 | - | SUBSECTION, A person who [is convicted of a violation of] VIOLATES subsection (a) of this 11 | |
| 210 | - | section IS GUILTY OF A FELON Y AND ON CONVICTION shall be sentenced to 12 | |
| 211 | - | imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000. 13 | |
| 212 | - | ||
| 213 | - | [(2)] (II) The court may not suspend any part of the mandatory minimum 14 | |
| 214 | - | sentence of 5 years. 15 | |
| 215 | - | ||
| 216 | - | [(3)] (III) Except as provided in § 4–305 of the Correctional Services 16 | |
| 217 | - | Article, the person is not eligible for parole during the mandatory minimum sentence. 17 | |
| 218 | - | ||
| 219 | - | (2) A PERSON WHO VIOLATES SUBSECTION (A)(1) OF THIS SECTION IS 18 | |
| 220 | - | GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPR ISONMENT 19 | |
| 221 | - | NOT EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH. 20 | |
| 222 | - | ||
| 223 | - | 5–612.1. 21 | |
| 224 | - | ||
| 225 | - | (A) NOTWITHSTANDING ANY O THER PROVISION OF LA W AND SUBJECT TO 22 | |
| 226 | - | SUBSECTION (C) OF THIS SECTION , A PERSON WHO IS SERV ING A TERM OF 23 | |
| 227 | - | CONFINEMENT THAT INC LUDES A MANDATORY MI NIMUM SENTENCE IMPOS ED ON OR 24 | |
| 228 | - | BEFORE SEPTEMBER 30, 2017, FOR A VIOLATION OF § 5–612 OR § 5–613 OF THIS 25 | |
| 229 | - | SUBTITLE INVOLVING L ESS THAN 448 GRAMS OF COCAINE BASE MAY APPLY TO TH E 26 | |
| 230 | - | COURT TO MODIFY OR R EDUCE THE MANDATORY MINIMUM SENTENCE AS PROVIDED 27 | |
| 231 | - | IN MARYLAND RULE 4–345, REGARDLESS OF WHETHE R THE DEFENDANT FILE D A 28 | |
| 232 | - | TIMELY MOTION FOR RE CONSIDERATION OR A M OTION FOR RECONSIDER ATION WAS 29 | |
| 233 | - | DENIED BY THE COURT . 30 | |
| 234 | - | ||
| 235 | - | (B) THE COURT MAY MODIFY THE SENTENCE AND DEP ART FROM THE 31 | |
| 236 | - | MANDATORY MINIMUM SE NTENCE UNLESS THE STATE SHOWS THAT , GIVING DUE 32 | |
| 237 | - | REGARD TO THE NATURE OF THE CRIME , THE HISTORY AND CHAR ACTER OF THE 33 | |
| 238 | - | DEFENDANT , AND THE DEFENDANT ’S CHANCES OF SUCCESS FUL REHABILITATIO N: 34 6 SENATE BILL 925 | |
| 239 | - | ||
| 240 | - | ||
| 241 | - | ||
| 242 | - | (1) RETENTION OF THE MAN DATORY MINIMUM SENTE NCE WOULD 1 | |
| 243 | - | NOT RESULT IN SUBSTA NTIAL INJUSTICE TO T HE DEFENDANT ; AND 2 | |
| 244 | - | ||
| 245 | - | (2) THE MANDATORY MINIMU M SENTENCE IS NECESS ARY FOR THE 3 | |
| 246 | - | PROTECTION OF THE PU BLIC. 4 | |
| 247 | - | ||
| 248 | - | (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 5 | |
| 249 | - | AN APPLICATION UNDER SUBSECTION (A) OF THIS SECTION SHAL L BE FILED WITH 6 | |
| 250 | - | THE COURT OR REVIEW PANEL ON OR BEFORE SEPTEMBER 30, 2026. 7 | |
| 251 | - | ||
| 252 | - | (2) THE COURT MAY CONSIDE R AN APPLICATION FIL ED AFTER 8 | |
| 253 | - | SEPTEMBER 30, 2026, ONLY FOR GOOD CAUSE SHOWN. 9 | |
| 254 | - | ||
| 255 | - | (3) THE COURT SHALL NOTIF Y THE STATE’S ATTORNEY OF THE 10 | |
| 256 | - | FILING OF AN APPLICA TION. 11 | |
| 257 | - | ||
| 258 | - | (4) A PERSON MAY NOT FILE MORE THAN ONE APPLIC ATION UNDER 12 | |
| 259 | - | SUBSECTION (A) OF THIS SECTION FOR A MANDATORY MINIMUM SENTENCE FOR A 13 | |
| 260 | - | VIOLATION OF § 5–612 OF THIS SUBTITLE INV OLVING LESS THAN 448 GRAMS OF 14 | |
| 261 | - | COCAINE BASE. 15 | |
| 262 | - | ||
| 263 | - | (5) THE COURT SHALL HOLD A HEARING ON AN APPL ICATION FILED 16 | |
| 264 | - | UNDER SUBSECTION (A) OF THIS SECTION. 17 | |
| 265 | - | ||
| 266 | - | 5–613. 18 | |
| 267 | - | ||
| 268 | - | (a) In this section, “drug kingpin” means an organizer, supervisor, financier, or 19 | |
| 269 | - | manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, 20 | |
| 270 | - | transport in, or bring into the State a controlled dangerous substance. 21 | |
| 271 | - | ||
| 272 | - | (b) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 22 | |
| 273 | - | SUBSECTION, A drug kingpin who conspires to manufacture, distribute, dispense, 23 | |
| 274 | - | transport in, or bring into the State a controlled dangerous substance in an amount listed 24 | |
| 275 | - | in § 5–612 of this subtitle is guilty of a felony and on conviction is subject to imprisonment 25 | |
| 276 | - | for not less than 20 years and not exceeding 40 years without the possibility of parole or a 26 | |
| 277 | - | fine not exceeding $1,000,000 or both. 27 | |
| 278 | - | ||
| 279 | - | [(2)] (II) A court may not suspend any part of the mandatory minimum 28 | |
| 280 | - | sentence of 20 years. 29 | |
| 281 | - | ||
| 282 | - | [(3)] (III) The person is not eligible for parole during the mandatory 30 | |
| 283 | - | minimum sentence. 31 | |
| 284 | - | SENATE BILL 925 7 | |
| 285 | - | ||
| 286 | - | ||
| 287 | - | (2) A DRUG KINGPIN WHO CON SPIRES TO MANUFACTUR E, 1 | |
| 288 | - | DISTRIBUTE, DISPENSE, TRANSPORT IN, OR BRING INTO THE STATE CANNABIS IN AN 2 | |
| 289 | - | AMOUNT LISTED IN § 5–612(A)(1) OF THIS SUBTITLE IS GUILTY OF A FELONY A ND ON 3 | |
| 290 | - | CONVICTION IS SUBJEC T TO IMPRISONMENT NO T EXCEEDING 20 YEARS OR A FINE 4 | |
| 291 | - | NOT EXCEEDING $100,000 OR BOTH. 5 | |
| 292 | - | ||
| 293 | - | (c) It is not a defense to a prosecution under this section that the controlled 6 | |
| 294 | - | dangerous substance was brought into or transported in the State solely for ultimate 7 | |
| 295 | - | distribution or dispensing in another jurisdiction. 8 | |
| 296 | - | ||
| 297 | - | (d) Notwithstanding any other provision of this title, a conviction under this 9 | |
| 298 | - | section does not merge with the conviction for any crime that is the object of the conspiracy. 10 | |
| 299 | - | ||
| 300 | - | (e) The provisions of § 6–220 of the Criminal Procedure Article do not apply to a 11 | |
| 301 | - | conviction under this section. 12 | |
| 302 | - | ||
| 303 | - | (f) This section does not: 13 | |
| 304 | - | ||
| 305 | - | (1) prohibit a court from imposing an enhanced penalty under § 5–905 of 14 | |
| 306 | - | this title; or 15 | |
| 307 | - | ||
| 308 | - | (2) preclude or limit a prosecution for any other crime. 16 | |
| 309 | - | ||
| 310 | - | 5–613.1. 17 | |
| 311 | - | ||
| 312 | - | (A) NOTWITHSTANDING ANY O THER PROVISION OF LA W AND SUBJECT TO 18 | |
| 313 | - | SUBSECTION (C) OF THIS SECTION , A PERSON WHO IS SERV ING A TERM OF 19 | |
| 314 | - | CONFINEMENT THAT INC LUDES A MANDATORY MI NIMUM SENTENCE IMPOS ED ON OR 20 | |
| 315 | - | BEFORE SEPTEMBER 30, 2025, FOR A VIOLATION OF § 5–612 OR § 5–613 OF THIS 21 | |
| 316 | - | SUBTITLE INVOLVING C ANNABIS MAY APPLY TO THE COURT TO MODIFY OR REDUCE 22 | |
| 317 | - | THE MANDATORY MINIMU M SENTENCE AS PROVID ED IN MARYLAND RULE 4–345, 23 | |
| 318 | - | REGARDLESS OF WHETHE R THE DEFENDANT FILE D A TIMELY MOTION FO R 24 | |
| 319 | - | RECONSIDERATION OR A MOTION FOR RECONSIDE RATION WAS DENIED BY THE 25 | |
| 320 | - | COURT. 26 | |
| 321 | - | ||
| 322 | - | (B) THE COURT MAY MODIFY THE SENTENCE AND DEP ART FROM THE 27 | |
| 323 | - | MANDATORY MINIMUM SE NTENCE UNLESS THE STATE SHOWS THAT , GIVING DUE 28 | |
| 324 | - | REGARD TO THE NATURE OF THE CRIME , THE HISTORY AND CHAR ACTER OF THE 29 | |
| 325 | - | DEFENDANT , AND THE DEFENDANT ’S CHANCES OF SUCCESS FUL REHABILITATION : 30 | |
| 326 | - | ||
| 327 | - | (1) RETENTION OF THE MAN DATORY MINIMUM SENTE NCE WOULD 31 | |
| 328 | - | NOT RESULT IN SUBSTA NTIAL INJUSTICE TO T HE DEFENDANT ; AND 32 | |
| 329 | - | ||
| 330 | - | (2) THE MANDATORY MINIMU M SENTENCE IS NECESS ARY FOR THE 33 | |
| 331 | - | PROTECTION OF THE PU BLIC. 34 8 SENATE BILL 925 | |
| 332 | - | ||
| 237 | + | (2) THE MANDATORY MINIMU M SENTENCE IS NECESS ARY FOR THE 32 | |
| 238 | + | PROTECTION OF THE PU BLIC. 33 | |
| 239 | + | 6 SENATE BILL 925 | |
| 333 | 240 | ||
| 334 | 241 | ||
| 335 | 242 | (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 1 | |
| 336 | 243 | AN APPLICATION UNDER SUBSECTION (A) OF THIS SECTION SHAL L BE FILED WITH 2 | |
| 337 | 244 | THE COURT OR REVIEW PANEL ON OR BEFORE SEPTEMBER 30, 2026. 3 | |
| 338 | 245 | ||
| 339 | 246 | (2) THE COURT MAY CONSIDE R AN APPLICATION FIL ED AFTER 4 | |
| 340 | 247 | SEPTEMBER 30, 2026, ONLY FOR GOOD CAUSE SHOWN. 5 | |
| 341 | 248 | ||
| 342 | 249 | (3) THE COURT SHALL NOTIF Y THE STATE’S ATTORNEY OF THE 6 | |
| 343 | 250 | FILING OF AN APPLICA TION. 7 | |
| 344 | 251 | ||
| 345 | - | (4) THE COURT SHALL HOLD A HEARING ON AN APPL ICATION FILED 8 | |
| 346 | - | UNDER SUBSECTION (A) OF THIS SECTION. 9 | |
| 252 | + | (4) A PERSON MAY NOT FILE MORE THAN ONE APPLIC ATION UNDER 8 | |
| 253 | + | SUBSECTION (A) OF THIS SECTION FOR A MANDATORY MINIMUM SENTENCE FOR A 9 | |
| 254 | + | VIOLATION OF § 5–612 OF THIS SUBTITLE INV OLVING LESS THAN 448 GRAMS OF 10 | |
| 255 | + | COCAINE BASE. 11 | |
| 347 | 256 | ||
| 348 | - | (5) IF THE COURT DENIES T HE MOTION, THE PERSON MAY FILE ONE 10 | |
| 349 | - | SUBSEQUENT MOTION UN DER THIS SECTION NOT EARLIER THAN 3 YEARS AFTER 11 | |
| 350 | - | THE DENIAL OF THE FI RST MOTION. 12 | |
| 257 | + | (5) THE COURT SHALL HOLD A HEARING ON AN APPLICATION FI LED 12 | |
| 258 | + | UNDER SUBSECTION (A) OF THIS SECTION. 13 | |
| 351 | 259 | ||
| 352 | - | ||
| 260 | + | 5–613. 14 | |
| 353 | 261 | ||
| 354 | - | 5–138. 14 | |
| 262 | + | (a) In this section, “drug kingpin” means an organizer, supervisor, financier, or 15 | |
| 263 | + | manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, 16 | |
| 264 | + | transport in, or bring into the State a controlled dangerous substance. 17 | |
| 355 | 265 | ||
| 356 | - | (A) A person may not possess, sell, transfer, or otherwise dispose of a stolen 15 | |
| 357 | - | regulated firearm if the person knows or has reasonable cause to believe that the regulated 16 | |
| 358 | - | firearm has been stolen. 17 | |
| 266 | + | (b) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 18 | |
| 267 | + | SUBSECTION, A drug kingpin who conspires to manufacture, distribute, dispense, 19 | |
| 268 | + | transport in, or bring into the State a controlled dangerous substance in an amount listed 20 | |
| 269 | + | in § 5–612 of this subtitle is guilty of a felony and on conviction is subject to imprisonment 21 | |
| 270 | + | for not less than 20 years and not exceeding 40 years without the possibility of parole or a 22 | |
| 271 | + | fine not exceeding $1,000,000 or both. 23 | |
| 359 | 272 | ||
| 360 | - | (B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND 18 | |
| 361 | - | ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT EXCEEDI NG 5 YEARS OR A FINE 19 | |
| 362 | - | NOT EXCEEDING $10,000 OR BOTH. 20 | |
| 273 | + | [(2)] (II) A court may not suspend any part of the mandatory minimum 24 | |
| 274 | + | sentence of 20 years. 25 | |
| 363 | 275 | ||
| 364 | - | (C) EACH VIOLATION OF THI S SECTION IS A SEPAR ATE CRIME. 21 | |
| 276 | + | [(3)] (III) The person is not eligible for parole during the mandatory 26 | |
| 277 | + | minimum sentence. 27 | |
| 365 | 278 | ||
| 366 | - | 5–140. 22 | |
| 367 | - | ||
| 368 | - | (a) A dealer or other person may not transport a regulated firearm into the State 23 | |
| 369 | - | for the purpose of unlawfully selling or trafficking of the regulated firearm. 24 | |
| 370 | - | ||
| 371 | - | (b) A person who violates this section is guilty of a [misdemeanor] FELONY and 25 | |
| 372 | - | on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 26 | |
| 373 | - | $25,000 or both. 27 | |
| 374 | - | ||
| 375 | - | (c) Each violation of this section is a separate crime. 28 | |
| 376 | - | ||
| 377 | - | 5–406. 29 | |
| 378 | - | SENATE BILL 925 9 | |
| 279 | + | (2) A DRUG KINGPIN WHO CON SPIRES TO MANUFACTUR E, 28 | |
| 280 | + | DISTRIBUTE, DISPENSE, TRANSPORT IN, OR BRING INTO THE STATE CANNABIS IN AN 29 | |
| 281 | + | AMOUNT LISTED IN § 5–612(A)(1) OF THIS SUBTITLE IS GUILTY OF A FELONY A ND ON 30 | |
| 282 | + | CONVICTION IS SUBJEC T TO IMPRISONMENT NO T EXCEEDING 20 YEARS OR A FINE 31 | |
| 283 | + | NOT EXCEEDING $100,000 OR BOTH. 32 | |
| 284 | + | SENATE BILL 925 7 | |
| 379 | 285 | ||
| 380 | 286 | ||
| 381 | - | ( | |
| 382 | - | ||
| 383 | - | in | |
| 287 | + | (c) It is not a defense to a prosecution under this section that the controlled 1 | |
| 288 | + | dangerous substance was brought into or transported in the State solely for ultimate 2 | |
| 289 | + | distribution or dispensing in another jurisdiction. 3 | |
| 384 | 290 | ||
| 385 | - | ( | |
| 386 | - | ||
| 291 | + | (d) Notwithstanding any other provision of this title, a conviction under this 4 | |
| 292 | + | section does not merge with the conviction for any crime that is the object of the conspiracy. 5 | |
| 387 | 293 | ||
| 388 | - | (3) A person may not manufacture, sell, or offer for sale a handgun on 6 | |
| 389 | - | which the manufacturer’s identification mark or number is obliterated, removed, changed, 7 | |
| 390 | - | or otherwise altered. 8 | |
| 294 | + | (e) The provisions of § 6–220 of the Criminal Procedure Article do not apply to a 6 | |
| 295 | + | conviction under this section. 7 | |
| 391 | 296 | ||
| 392 | - | (b) The Secretary may seek an order from a circuit court to permanently or 9 | |
| 393 | - | temporarily enjoin the willful and continuous manufacture, sale, or offer for sale, in 10 | |
| 394 | - | violation of this section, of a handgun that is not included on the handgun roster. 11 | |
| 297 | + | (f) This section does not: 8 | |
| 395 | 298 | ||
| 396 | - | (c) (1) A person who manufactures a handgun for distribution or sale in 12 | |
| 397 | - | violation of this section is guilty of a [misdemeanor] FELONY and on conviction is subject 13 | |
| 398 | - | to IMPRISONMENT NOT EXC EEDING 5 YEARS OR a fine not exceeding $10,000 OR BOTH 14 | |
| 399 | - | for each violation. 15 | |
| 299 | + | (1) prohibit a court from imposing an enhanced penalty under § 5–905 of 9 | |
| 300 | + | this title; or 10 | |
| 400 | 301 | ||
| 401 | - | (2) A person who sells or offers to sell a handgun in violation of this section 16 | |
| 402 | - | is guilty of a [misdemeanor] FELONY and on conviction is subject to IMPRISONMENT NOT 17 | |
| 403 | - | EXCEEDING 5 YEARS OR a fine not exceeding $2,500 OR BOTH for each violation. 18 | |
| 302 | + | (2) preclude or limit a prosecution for any other crime. 11 | |
| 404 | 303 | ||
| 405 | - | (3) For purposes of this subsection, each handgun manufactured, sold, or 19 | |
| 406 | - | offered for sale in violation of this [subsection] SECTION is a separate violation. 20 | |
| 304 | + | 5–613.1. 12 | |
| 407 | 305 | ||
| 408 | - | 5–703. 21 | |
| 306 | + | (A) NOTWITHSTANDING ANY O THER PROVISION OF LA W AND SUBJECT TO 13 | |
| 307 | + | SUBSECTION (C) OF THIS SECTION , A PERSON WHO IS SERV ING A TERM OF 14 | |
| 308 | + | CONFINEMENT THAT INC LUDES A MANDATORY MI NIMUM SENTENCE IMPOS ED ON OR 15 | |
| 309 | + | BEFORE SEPTEMBER 30, 2025, FOR A VIOLATION OF § 5–612 OR § 5–613 OF THIS 16 | |
| 310 | + | SUBTITLE INVOLVING C ANNABIS MAY APPLY TO THE COURT TO MODIFY OR REDUCE 17 | |
| 311 | + | THE MANDATORY MINIMU M SENTENCE AS PROVID ED IN MARYLAND RULE 4–345, 18 | |
| 312 | + | REGARDLESS OF WHETHE R THE DEFENDANT FILE D A TIMELY MOTION FO R 19 | |
| 313 | + | RECONSIDERATION OR A MOTION FOR RECONSIDE RATION WAS DENIED BY THE 20 | |
| 314 | + | COURT. 21 | |
| 409 | 315 | ||
| 410 | - | (a) (1) A person may not purchase, receive, sell, offer to sell, or transfer an 22 | |
| 411 | - | unfinished frame or receiver unless it is required by federal law to be, and has been, 23 | |
| 412 | - | imprinted with a serial number by a federally licensed firearms manufacturer or federally 24 | |
| 413 | - | licensed firearms importer in compliance with all federal laws and regulations applicable 25 | |
| 414 | - | to the manufacture and import of firearms. 26 | |
| 316 | + | (B) THE COURT MAY MODIFY THE SENTENCE AND DEPART FROM THE 22 | |
| 317 | + | MANDATORY MINIMUM SE NTENCE UNLESS THE STATE SHOWS THAT , GIVING DUE 23 | |
| 318 | + | REGARD TO THE NATURE OF THE CRIME , THE HISTORY AND CHAR ACTER OF THE 24 | |
| 319 | + | DEFENDANT , AND THE DEFENDANT ’S CHANCES OF SUCCESS FUL REHABILITATION : 25 | |
| 415 | 320 | ||
| 416 | - | (2) Except as provided in paragraph (1) of this subsection, a person may 27 | |
| 417 | - | not sell, offer to sell, or transfer a firearm unless it is imprinted with a serial number as 28 | |
| 418 | - | described under subsection (b) of this section. 29 | |
| 321 | + | (1) RETENTION OF THE MAN DATORY MINIMUM SENTE NCE WOULD 26 | |
| 322 | + | NOT RESULT IN SUBSTA NTIAL INJUSTICE TO T HE DEFENDANT ; AND 27 | |
| 419 | 323 | ||
| 420 | - | (b) (1) This subsection does not apply to: 30 | |
| 324 | + | (2) THE MANDATORY MINIMU M SENTENCE IS NECESS ARY FOR THE 28 | |
| 325 | + | PROTECTION OF THE PU BLIC. 29 | |
| 421 | 326 | ||
| 422 | - | (i) possession of a firearm unless a person knew or reasonably 31 | |
| 423 | - | should have known that the firearm was not imprinted with a serial number as described 32 | |
| 424 | - | under this subsection; 33 | |
| 425 | - | ||
| 426 | - | (ii) possession of a firearm that does not comply with the marking 34 | |
| 427 | - | requirements described under this subsection by a person who received the firearm through 35 10 SENATE BILL 925 | |
| 327 | + | (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 30 | |
| 328 | + | AN APPLICATION UN DER SUBSECTION (A) OF THIS SECTION SHAL L BE FILED WITH 31 | |
| 329 | + | THE COURT OR REVIEW PANEL ON OR BEFORE SEPTEMBER 30, 2026. 32 | |
| 330 | + | 8 SENATE BILL 925 | |
| 428 | 331 | ||
| 429 | 332 | ||
| 430 | - | ||
| 431 | - | ||
| 333 | + | (2) THE COURT MAY CONSIDE R AN APPLICATION FIL ED AFTER 1 | |
| 334 | + | SEPTEMBER 30, 2026, ONLY FOR GOOD CAUSE SHOWN. 2 | |
| 432 | 335 | ||
| 433 | - | (iii) possession of an unfinished frame or receiver by a person that 3 | |
| 434 | - | made or manufactured the unfinished frame or receiver, without the use of any 4 | |
| 435 | - | prefabricated parts, and who is not otherwise prohibited from possessing the unfinished 5 | |
| 436 | - | frame or receiver, for a period not exceeding 30 days after the person made or manufactured 6 | |
| 437 | - | the unfinished frame or receiver. 7 | |
| 336 | + | (3) THE COURT SHALL NOTIF Y THE STATE’S ATTORNEY OF THE 3 | |
| 337 | + | FILING OF AN APPLICA TION. 4 | |
| 438 | 338 | ||
| 439 | - | (2) On or after March 1, 2023, a person may not possess a firearm unless: 8 | |
| 339 | + | (4) THE COURT SHALL HOLD A HEARING ON AN APPL ICATION FILED 5 | |
| 340 | + | UNDER SUBSECTION (A) OF THIS SECTION. 6 | |
| 440 | 341 | ||
| 441 | - | (i) the firearm is required by federal law to be, and has been, 9 | |
| 442 | - | imprinted by a federally licensed firearms manufacturer, federally licensed firearms 10 | |
| 443 | - | importer, or other federal licensee authorized to provide marking services, with a serial 11 | |
| 444 | - | number in compliance with all federal laws and regulations applicable to the manufacture 12 | |
| 445 | - | and import of firearms; or 13 | |
| 342 | + | (5) IF THE COURT DENIES T HE MOTION, THE PERSON MAY FILE ONE 7 | |
| 343 | + | SUBSEQUENT MOTION UN DER THIS SECTION NOT EARLIER THAN 3 YEARS AFTER 8 | |
| 344 | + | THE DENIAL OF THE FI RST MOTION. 9 | |
| 446 | 345 | ||
| 447 | - | ||
| 346 | + | Article – Public Safety 10 | |
| 448 | 347 | ||
| 449 | - | 1. has been imprinted by a federally licensed firearms dealer, 15 | |
| 450 | - | federal firearms manufacturer, or other federal licensee authorized to provide marking 16 | |
| 451 | - | services, with: 17 | |
| 348 | + | 5–138. 11 | |
| 452 | 349 | ||
| 453 | - | A. the zip code of the current owner or person that made, 18 | |
| 454 | - | completed, or initially assembled the firearm; 19 | |
| 350 | + | (A) A person may not possess, sell, transfer, or otherwise dispose of a stolen 12 | |
| 351 | + | regulated firearm if the person knows or has reasonable cause to believe that the regulated 13 | |
| 352 | + | firearm has been stolen. 14 | |
| 455 | 353 | ||
| 456 | - | B. the initials of the current owner or person that made, 20 | |
| 457 | - | completed, or initially assembled the firearm; and 21 | |
| 354 | + | (B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND 15 | |
| 355 | + | ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE 16 | |
| 356 | + | NOT EXCEEDING $10,000 OR BOTH. 17 | |
| 458 | 357 | ||
| 459 | - | C. a number that does not match a number used by the 22 | |
| 460 | - | current owner on another firearm or by the person who made, completed, or initially 23 | |
| 461 | - | assembled the firearm on any other firearm that the person has made, completed, or 24 | |
| 462 | - | initially assembled; and 25 | |
| 358 | + | (C) EACH VIOLATION OF THI S SECTION IS A SEPAR ATE CRIME. 18 | |
| 463 | 359 | ||
| 464 | - | ||
| 360 | + | 5–140. 19 | |
| 465 | 361 | ||
| 466 | - | (c) (1) A person who violates subsection (a) of this section is guilty of a 27 | |
| 467 | - | [misdemeanor] FELONY and on conviction is subject to imprisonment not exceeding 5 years 28 | |
| 468 | - | or a fine not exceeding $10,000 or both. 29 | |
| 362 | + | (a) A dealer or other person may not transport a regulated firearm into the State 20 | |
| 363 | + | for the purpose of unlawfully selling or trafficking of the regulated firearm. 21 | |
| 469 | 364 | ||
| 470 | - | ( | |
| 471 | - | ||
| 472 | - | ||
| 365 | + | (b) A person who violates this section is guilty of a [misdemeanor] FELONY and 22 | |
| 366 | + | on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 23 | |
| 367 | + | $25,000 or both. 24 | |
| 473 | 368 | ||
| 474 | - | (3) Each violation of this section is a separate crime. 33 | |
| 369 | + | (c) Each violation of this section is a separate crime. 25 | |
| 370 | + | ||
| 371 | + | 5–406. 26 | |
| 372 | + | ||
| 373 | + | (a) (1) Except as provided in § 5–402 of this subtitle, a person may not 27 | |
| 374 | + | manufacture for distribution or sale a handgun that is not included on the handgun roster 28 | |
| 375 | + | in the State. 29 | |
| 376 | + | ||
| 377 | + | (2) A person may not sell or offer for sale in the State a handgun 30 | |
| 378 | + | manufactured after January 1, 1985, that is not included on the handgun roster. 31 SENATE BILL 925 9 | |
| 379 | + | ||
| 380 | + | ||
| 381 | + | ||
| 382 | + | (3) A person may not manufacture, sell, or offer for sale a handgun on 1 | |
| 383 | + | which the manufacturer’s identification mark or number is obliterated, removed, changed, 2 | |
| 384 | + | or otherwise altered. 3 | |
| 385 | + | ||
| 386 | + | (b) The Secretary may seek an order from a circuit court to permanently or 4 | |
| 387 | + | temporarily enjoin the willful and continuous manufacture, sale, or offer for sale, in 5 | |
| 388 | + | violation of this section, of a handgun that is not included on the handgun roster. 6 | |
| 389 | + | ||
| 390 | + | (c) (1) A person who manufactures a handgun for distribution or sale in 7 | |
| 391 | + | violation of this section is guilty of a [misdemeanor] FELONY and on conviction is subject 8 | |
| 392 | + | to IMPRISONMENT NOT EXC EEDING 5 YEARS OR a fine not exceeding $10,000 OR BOTH 9 | |
| 393 | + | for each violation. 10 | |
| 394 | + | ||
| 395 | + | (2) A person who sells or offers to sell a handgun in violation of this section 11 | |
| 396 | + | is guilty of a [misdemeanor] FELONY and on conviction is subject to IMPRISONMENT NOT 12 | |
| 397 | + | EXCEEDING 5 YEARS OR a fine not exceeding $2,500 OR BOTH for each violation. 13 | |
| 398 | + | ||
| 399 | + | (3) For purposes of this subsection, each handgun manufactured, sold, or 14 | |
| 400 | + | offered for sale in violation of this [subsection] SECTION is a separate violation. 15 | |
| 401 | + | ||
| 402 | + | 5–703. 16 | |
| 403 | + | ||
| 404 | + | (a) (1) A person may not purchase, receive, sell, offer to sell, or transfer an 17 | |
| 405 | + | unfinished frame or receiver unless it is required by federal law to be, and has been, 18 | |
| 406 | + | imprinted with a serial number by a federally licensed firearms manufacturer or federally 19 | |
| 407 | + | licensed firearms importer in compliance with all federal laws and regulations applicable 20 | |
| 408 | + | to the manufacture and import of firearms. 21 | |
| 409 | + | ||
| 410 | + | (2) Except as provided in paragraph (1) of this subsection, a person may 22 | |
| 411 | + | not sell, offer to sell, or transfer a firearm unless it is imprinted with a serial number as 23 | |
| 412 | + | described under subsection (b) of this section. 24 | |
| 413 | + | ||
| 414 | + | (b) (1) This subsection does not apply to: 25 | |
| 415 | + | ||
| 416 | + | (i) possession of a firearm unless a person knew or reasonably 26 | |
| 417 | + | should have known that the firearm was not imprinted with a serial number as described 27 | |
| 418 | + | under this subsection; 28 | |
| 419 | + | ||
| 420 | + | (ii) possession of a firearm that does not comply with the marking 29 | |
| 421 | + | requirements described under this subsection by a person who received the firearm through 30 | |
| 422 | + | inheritance, and is not otherwise prohibited from possessing the firearm, for a period not 31 | |
| 423 | + | exceeding 30 days after inheriting the firearm; or 32 | |
| 424 | + | ||
| 425 | + | (iii) possession of an unfinished frame or receiver by a person that 33 | |
| 426 | + | made or manufactured the unfinished frame or receiver, without the use of any 34 | |
| 427 | + | prefabricated parts, and who is not otherwise prohibited from possessing the unfinished 35 10 SENATE BILL 925 | |
| 428 | + | ||
| 429 | + | ||
| 430 | + | frame or receiver, for a period not exceeding 30 days after the person made or manufactured 1 | |
| 431 | + | the unfinished frame or receiver. 2 | |
| 432 | + | ||
| 433 | + | (2) On or after March 1, 2023, a person may not possess a firearm unless: 3 | |
| 434 | + | ||
| 435 | + | (i) the firearm is required by federal law to be, and has been, 4 | |
| 436 | + | imprinted by a federally licensed firearms manufacturer, federally licensed firearms 5 | |
| 437 | + | importer, or other federal licensee authorized to provide marking services, with a serial 6 | |
| 438 | + | number in compliance with all federal laws and regulations applicable to the manufacture 7 | |
| 439 | + | and import of firearms; or 8 | |
| 440 | + | ||
| 441 | + | (ii) the firearm: 9 | |
| 442 | + | ||
| 443 | + | 1. has been imprinted by a federally licensed firearms dealer, 10 | |
| 444 | + | federal firearms manufacturer, or other federal licensee authorized to provide marking 11 | |
| 445 | + | services, with: 12 | |
| 446 | + | ||
| 447 | + | A. the zip code of the current owner or person that made, 13 | |
| 448 | + | completed, or initially assembled the firearm; 14 | |
| 449 | + | ||
| 450 | + | B. the initials of the current owner or person that made, 15 | |
| 451 | + | completed, or initially assembled the firearm; and 16 | |
| 452 | + | ||
| 453 | + | C. a number that does not match a number used by the 17 | |
| 454 | + | current owner on another firearm or by the person who made, completed, or initially 18 | |
| 455 | + | assembled the firearm on any other firearm that the person has made, completed, or 19 | |
| 456 | + | initially assembled; and 20 | |
| 457 | + | ||
| 458 | + | 2. has been registered with the Secretary. 21 | |
| 459 | + | ||
| 460 | + | (c) (1) A person who violates subsection (a) of this section is guilty of a 22 | |
| 461 | + | [misdemeanor] FELONY and on conviction is subject to imprisonment not exceeding 5 years 23 | |
| 462 | + | or a fine not exceeding $10,000 or both. 24 | |
| 463 | + | ||
| 464 | + | (2) A person who violates subsection (b) of this section is guilty of a 25 | |
| 465 | + | misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine 26 | |
| 466 | + | not exceeding $10,000 or both. 27 | |
| 467 | + | ||
| 468 | + | (3) Each violation of this section is a separate crime. 28 | |
| 469 | + | ||
| 470 | + | (d) A federally licensed firearms dealer or other federal licensee authorized to 29 | |
| 471 | + | provide marking services who imprints a firearm under subsection (b)(2)(ii) of this section 30 | |
| 472 | + | shall imprint the firearm in compliance with all federal laws and regulations applicable to 31 | |
| 473 | + | affixing serial numbers to firearms, including: 32 | |
| 474 | + | ||
| 475 | + | (1) minimum size and depth requirements; and 33 | |
| 475 | 476 | SENATE BILL 925 11 | |
| 476 | 477 | ||
| 477 | 478 | ||
| 478 | - | (d) A federally licensed firearms dealer or other federal licensee authorized to 1 | |
| 479 | - | provide marking services who imprints a firearm under subsection (b)(2)(ii) of this section 2 | |
| 480 | - | shall imprint the firearm in compliance with all federal laws and regulations applicable to 3 | |
| 481 | - | affixing serial numbers to firearms, including: 4 | |
| 479 | + | (2) requirements that the numbers not be readily susceptible to being 1 | |
| 480 | + | obliterated, altered, or removed. 2 | |
| 482 | 481 | ||
| 483 | - | (1) minimum size and depth requirements; and 5 | |
| 482 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3 | |
| 483 | + | October 1, 2025. 4 | |
| 484 | 484 | ||
| 485 | - | (2) requirements that the numbers not be readily susceptible to being 6 | |
| 486 | - | obliterated, altered, or removed. 7 | |
| 487 | - | ||
| 488 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effe ct 8 | |
| 489 | - | October 1, 2025. 9 | |
| 490 | - | ||
| 491 | - | ||
| 492 | - | ||
| 493 | - | ||
| 494 | - | Approved: | |
| 495 | - | ________________________________________________________________________________ | |
| 496 | - | Governor. | |
| 497 | - | ________________________________________________________________________________ | |
| 498 | - | President of the Senate. | |
| 499 | - | ________________________________________________________________________________ | |
| 500 | - | Speaker of the House of Delegates. |