An Act To Protect Children from Dangerous Drugs, Harmful Chemicals and Drug-related Violence
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1105-A, sub-§1, ¶A, as enacted by PL 2001, c. 383, §119 and affected by §156, is amended to read:
A.
The person trafficks in a scheduled drug with or in the presence of a child who is in fact less than 18 years of age and the drug is:
(1) A schedule W drug. Violation of this subparagraph is a Class A crime;
(2) Marijuana in a quantity of 20 pounds or more. Violation of this subparagraph is a Class A crime;
(3) A schedule X drug. Violation of this subparagraph is a Class B crime;
(4) Marijuana in a quantity of more than one pound. Violation of this subparagraph is a Class B crime;
(5) A schedule Y drug. Violation of this subparagraph is a Class C crime; or
(6) A schedule Z drug. Violation of this subparagraph is a Class C crime;
Sec. 2. 17-A MRSA §1105-A, sub-§1, ¶K, as enacted by PL 2003, c. 476, §2, is amended 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
Sec. 3. 17-A MRSA §1105-A, sub-§1, ¶L, as enacted by PL 2003, c. 476, §2, is amended to read:
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 . ; or
Sec. 4. 17-A MRSA §1105-A, sub-§1, ¶M is enacted to read:
M. The person trafficks or attempts to traffick in a schedule W drug at a residence at which a child less than 18 years of age resides and the basis of the offense is manufacturing or an attempt to manufacture methamphetamine, 3, 4 - methylenedioxymethamphetamine, 3, 4 - methylenedioxy amphetamine, lysergic acid diethylamide or fentanyl. Violation of this paragraph is a Class A crime.
Sec. 5. 17-A MRSA §1252, sub-§5-A, ¶A, as amended by PL 2001, c. 383, §151 and affected by §156, is further amended to read:
A. Except as otherwise provided in paragraphs B and C, the minimum sentence of imprisonment, which may not be suspended, is as follows: When the sentencing class is Class A, the minimum term of imprisonment is 4 years ; , except that when the conviction is under section 1105-A, subsection 1, paragraph M, the minimum term of imprisonment is 10 years; when the sentencing class is Class B, the minimum term of imprisonment is 2 years; and, with the exception of a conviction under section 1105-A, 1105-B, 1105-C or 1105-D when the drug that is the basis for the charge is marijuana, when the sentencing class is Class C, the minimum term of imprisonment is one year . This paragraph does not apply to a conviction under section 1105-A, subsection 1, paragraph A when the aggravating factor is trafficking in the presence of a child under 18 years of age;
summary
This bill includes in the offense of aggravated trafficking of scheduled drugs trafficking in the presence of a child under 18 years of age but imposes a longer sentence for a conviction of aggravated trafficking on that basis than the mandatory minimum sentence. This bill also includes in the offense of aggravated trafficking of scheduled drugs trafficking at a residence at which a child of under 18 years of age resides and the basis for the offense is the manufacture or attempt to manufacture methamphetamine, 3, 4 - methylenedioxymethamphetamine (MDMA), 3, 4 - methylenedioxy amphetamine (MDA), lysergic acid diethylamide (LSD) or fentanyl.