Sec. 5. 17-A MRSA §1105-B, sub-§1, ¶D is enacted to read:

D.__Death or serious bodily injury is in fact caused by the use of that counterfeit drug.

Sec. 6. 17-A MRSA §1105-C, sub-§1, ¶I, as enacted by PL 2001, c. 667, Pt. D, §32 and affected by §36, is amended to read:

I. At the time of the offense, the person furnishes 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

Sec. 7. 17-A MRSA §1105-C, sub-§1, ¶J, as enacted by PL 2001, c. 667, Pt. D, §32 and affected by §36, is amended to read:

J. At the time of the offense, the person furnishes 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.; or

Sec. 8. 17-A MRSA §1105-C, 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 B 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 C crime.

SUMMARY

This bill increases the penalties for trafficking or furnishing schedule W drugs or a counterfeit scheduled drug when death or serious bodily injury results from the use of the drug, such as in cases of accidental overdoses. Schedule W drugs include those whose use is most likely to result in a fatal overdose, such as heroin, cocaine and prescription narcotic pills. Counterfeit drugs are those substances, sometimes sold as