LD 944
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LR 1820
Item 1

 
Sec. 7. 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.__It is an affirmative defense
to prosecution under this paragraph that the drug furnished
was lawfully possessed by the defendant prior to furnishing
and that the death was not a reasonably foreseeable
consequence of the use of that scheduled drug.__In
determining whether the death was reasonably foreseeable,
the jury shall consider:

 
(1)__The factual circumstances surrounding the
furnishing of the drug;

 
(2)__The total quantity of the drug furnished;

 
(3)__The dosage of the units furnished;

 
(4)__The nature of the drug;

 
(5)__The overdose risk presented by use of the drug; and

 
(6)__Any safety warnings provided to the defendant at
the time of dispensing the drug; 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.__It is an
affirmative defense to prosecution under this paragraph that
the drug furnished was lawfully possessed by the defendant
prior to furnishing and that the serious bodily injury was
not a reasonably foreseeable consequence of the use of that
scheduled drug.__In determining whether the serious bodily
injury was reasonably foreseeable, the jury shall consider:

 
(1)__The factual circumstances surrounding the
furnishing of the drug;

 
(2)__The total quantity of the drug furnished;

 
(3)__The dosage of the units furnished;

 
(4)__The nature of the drug;

 
(5)__The overdose risk presented by use of the drug;
and


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