Sec. 1. 17-A MRSA §1105-A, sub-§1, ¶¶I and J, as enacted by PL 2001, c. 667, Pt. D, §25 and affected by §36, are amended to read:

I. At the time of the offense, the person trafficks in 300 or more pills, capsules, tablets, vials, ampules, syringes or units containing any narcotic drug other than heroin, or any quantity of pills, capsules, tablets, units, compounds, mixtures or substances that, in the aggregate, contains contain 8,000 milligrams or more of oxycodone or 1,000 milligrams or more of hydromorphone; or

J. At the time of the offense, the person trafficks in a quantity of 300 or more pills, capsules, tablets or units containing 3, 4-methylenedioxymethamphetamine, MDMA, or any other drug listed in section 1102, subsection 1, paragraph O.;

Sec. 2. 17-A MRSA §1105-A, sub-§1, ¶¶K and L are enacted to read:

K.__Death is in fact caused by the use of that scheduled drug and the drug is a schedule W drug.__A violation of this paragraph is a Class A crime; or

L.__Serious bodily injury is in fact caused by the use of that scheduled drug and the drug is a schedule W drug.__A violation of this paragraph is a Class B crime.

Sec. 3. 17-A MRSA §1105-B, sub-§1, ¶B, as enacted by PL 2001, c. 383, §119 and affected by §156, is amended to read:

B. At the time of the offense, the person has been convicted of any offense under this chapter punishable by a term of imprisonment of more than one year or under any law of the United States, of another state or of a foreign country relating to scheduled drugs or counterfeit drugs, as defined in this chapter, and punishable by a term of imprisonment of more than one year. Section 9-A governs the use of prior convictions when determining a sentence, except that, for the purposes of this paragraph, the date of each prior conviction may precede the commission of the offense being enhanced by more than 10 years; or

Sec. 4. 17-A MRSA §1105-B, sub-§1, ¶C, as repealed and replaced by PL 2001, c. 667, Pt. D, §26 and affected by §36, is amended to read: