An Act To Amend the Laws Governing Prosecution of Individuals Possessing a Controlled Substance under Certain Circumstances
Sec. 1. 17-A MRSA §1107-A, sub-§1, as amended by PL 2009, c. 67, §2, is further amended to read:
(1) Cocaine and the quantity possessed is more than 14 grams;
(2) Cocaine in the form of cocaine base and the quantity possessed is more than 4 grams; or
(3) Methamphetamine and the quantity possessed is more than 14 grams.
Violation of this paragraph is a Class B crime;
(1) Heroin (diacetylmorphine);
(2) Cocaine in the form of cocaine base and at the time of the offense the person has one or more prior convictions for any offense under this chapter or for engaging in substantially similar conduct to that of the Maine offenses under this chapter in another jurisdiction. For the purposes of this paragraph, a person has been convicted of an offense on the date the judgment of conviction was entered by the court;
(3) Methamphetamine;
(4) Oxycodone;
(5) Hydrocodone; or
(6) Hydromorphone.
Violation of this paragraph is a Class C crime;
(1) For possession of over 2 1/2 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. 17-A MRSA §1107-A, sub-§2-A is enacted to read:
summary
This bill provides an exception to the crime of unlawful possession of a scheduled drug for a person charged with that crime if the evidence for the charge is gained as a result of the person's seeking medical assistance for a drug-related overdose. This bill is a recommendation from the Substance Abuse Services Commission's work group convened pursuant to Resolve 2011, chapter 81 and is submitted by the Joint Standing Committee on Health and Human Services.