An Act To Streamline and Clarify Laws Pertaining to the Civil and Criminal Possession of Marijuana
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1107-A, sub-§1, ¶F, as enacted by PL 2001, c. 383, §127 and affected by §156, is amended to read:
F. A schedule Z drug. Violation of this paragraph is a Class E crime . unless the drug is marijuana, in which case a violation of this paragraph is:
(1) For possession of over 4 ounces to 8 ounces of marijuana, a Class E crime;
(2) For possession of over 8 ounces to 16 ounces of marijuana, a Class D crime;
(3) For possession of over one pound to 20 pounds of marijuana, a Class C crime; and
(4) For possession of over 20 pounds of marijuana, a Class B crime.
Sec. 2. 22 MRSA §2383, sub-§1, as amended by PL 2005, c. 386, Pt. DD, §3, is further amended to read:
1. Marijuana. Except as provided in section 2383-B, subsection 5, a person may not possess marijuana.
A. A person who possesses a usable amount of marijuana commits a civil violation for which a fine of not less than $350 and not more than $600 must be adjudged for possession of up to 1 1/4 ounces of marijuana and a fine of $700 must be adjudged for possession of over 1 1/4 ounces to 4 ounces of marijuana, none of which may be suspended.
B. A person who possesses a usable amount of marijuana after having previously violated this subsection within a 6-year period commits a civil violation for which a fine of $550 must be adjudged for possession of up to 1 1/4 ounces of marijuana and a fine of $1,000 must be adjudged for possession of over 1 1/4 ounces to 4 ounces of marijuana, none of which may be suspended.
summary
This bill changes the civil fines and the criminal penalties for possession of marijuana.