(a) Except as provided in subsection (b) of this section, a person who violates this subtitle is subject to the penalties and fines set forth in Title 12 of this article.
(b) (1) Instead of pursuing the penalties and fines set forth in Title 12 of this article, the Secretary may impose on any person who violates this subtitle a penalty of:
(i) For a first violation, not more than $500;
(ii) For a second violation, not more than $1,000; or
(iii) For a third or subsequent violation, not more than $2,000.
(2) Penalties collected under this subsection shall be distributed to a special fund, to be used only for the control and eradication of a noxious weed.